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University MicrofiSms

A Xerox Education Company COLSTON, Freddie Charles, 1936- THE INFLUENCE OF THE BLACK LEGISLATORS IN THE OHIO HOUSE OF REPRESENTATIVES.

The Ohio State University, Ph.D., 1972 Political Science, general

University Microfilms, A XEROX Company, Ann Arbor, Michigan

- Copyright by

Freddie Charles Colston

1972

THIS DISSERTATION HAS BEEN MICROFIIMED EXACTLY AS RECEIVED. THE INFLUENCE OF THE BLACK LEGISLATORS IN THE

OHIO HOUSE OF REPRESENTATIVES

DISSERTATION

Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University

By

Freddie Charles Colston, B.A., M.A.

*******

The Ohio State University 1972

Approved by ^ ( ^ Q J j 6. (%& Adviser^ Department of Political Science PLEASE NOTE:

Some pages may have

indistinct print.

Filmed as received.

University Microfilms, A Xerox Education Company Dedicated

to

My Daughter

Deirdre Charisse Colston ACI{NO',VLEDGMENT s

Several individuals made significant contributions to the preparation and writing of this dissertation. Without their help, this project would not have been a success.

First and foremost, the author expresses deep gratitude to

Professor Randall B. Ripley for his role in the completion of this research; his advice, assistance and frequent encourage­ ments were invaluable. It was Professor Ripley who initially

suggested that I explore the possibility of doing a research project in the area of legislative politics and he offered expert commentary throughout all stages of the project.

Professors John R. Champlin and Lawrence J. R. Herson like­ wise read the material and recommended improvements.

Mrs. Mary Walters, librarian in The Ohio State Univer­

sity Library, Circulation Department, is due credit for

reading portions of this research and for suggesting valuable

editorial comments.

Sincere appreciation is also expressed to the legisla­

tors in the Ohio House of Representatives who gave of their

time and knowledge on legislative affairs while responding to

the author’s interview questions. My understanding of the

legislative process was enhanced immensely as a direct result

of their kind cooperation. Thanks, likewise, is conveyed to the numerous clerical workers in Cleveland, Dayton and

Cincinnati newspaper offices whose courteous and cooperative assistance aided the author in data collection for this research project. For similar reasons, gratitude is ex­ pressed to helpful individuals who are employed by the Ohio and Western Reserve historical societies for their succor in the task of completing this study. Furthermore, special appreciation is extended to the personnel in The Legislative

Service Commission, The Governor’s Office, The Secretary of

State’s Office, and The Ohio Legislative Reference Bureau who contributed greatly to the author’s efforts while collecting the pertinent data for this study.

Any omissions, miscalculations and imperfections found in this research project, however, are solely the author's responsibility. March 28, 1936. . . . Born - Gretna, Florida

1959...... B.A., Morehouse College, Atlanta, Georgia

1959-1965 ...... Teacher, Attacks High School, Hollywood, Florida

1966...... M.A., Atlanta University, Atlanta, Georgia

1966-1968 ...... Instructor, The Fort Valley State college. Fort Valley, Georgia

1968-1971 ...... Teaching Associate, Department of Political Science, The Ohio State University

Fellow, The Southern Fellowships Fund, Atlanta, Georgia

1970...... Lecturer, Summer Session, Department of Political Science, Ohio Dominican College, Columbus, Ohio

1971-1972 ...... Associate Professor, Department of Political Science, Benedict College, Columbia, South Carolina

1972...... Lecturer, Summer Trimester, Depart­ ment of Political Science, Franklin University, Columbus, Ohio

FIELDS OF STUDY

Major Field: Political Science

Studies in Political Theory. Professor David Spitz, Professor David Kettler and Professor John Champlin Studies in Public Law. Professor Francis Aumann

Studies in American Government. Professor Randall B. Ripley ACKNOWLEDGMENTS...... ii

VITA ...... iv

LIST OF TABLES ...... ix

CHAPTER

I. INTRODUCTION: THE RESEARCH DESIGN ...... 1

The Purpose and Nature of the Study .... 1 Definition of Terms ...... 14 Significance of the Study ...... 16 Methodology ...... 18 Outline of the Chapters ...... 22

II. THE HISTORICAL BACKGROUND OF THE OHIO HOUSE OF REPRESENTATIVES AND BLACK MEMBERSHIP. . . . 28

The Early Legislature ...... 28 The Constitution of 1851 and Later Developments ...... 33 Black Membership in the Ohio House of Representatives: The Pre-Contemporary Group...... 39

III. THE BLACK LEGISLATORS: SOME INDIVIDUAL CHARACTERISTICS...... 49

Ecological Origins...... 49 Political Socialization ...... 53 Political Recruitment ...... 55 Constituency...... 59 Role Perception ...... 64

IV. THE BLACK LEGISLATORS AS AN INFORMAL GROUP IN THE OHIO HOUSE OF REPRESENTATIVES ..... 80

The Informal Group Configuration...... 88 CONTENTS ( c o n t in u e d )

Page

IV. (continued)

The Black Legislators: Their Status as an Informal Group...... The Black Legislators and Legislation in the 109th General Assembly ...... 103 The Black Legislators and Group Pforms . 108 The Perceptions of the White Legisla­ tors about the Black Legislators' Status as an Influential Group. , ,

V. THE RELATIONSHIP BETIVEEN THE BLACK LEGIS­ LATORS AND THE p o l i t i c a l PARTIES ...... 117

Political Parties in Ohio ...... 117 The Black Legislators and the Parties in the House of Representatives .... 121 The Black Legislators as a Voting Bloc. 131

VI. THE RELATIONSHIP BETWEEN THE BLACK LEGIS­ LATORS AND INTEREST GROUPS, THE GOVERNOR, HIS STAFF AND THE BUREAUCRACY...... 145

The Black Legislators and Interest Groups 145 The Black Legislators, The Governor, and His Staff...... 153 The Black Legislators and the State Bureaucracy...... 168

VII. CONCLUSION. 184

Summary of Evidence Related to the Hypotheses ...... 192 Typical Characteristics of the Black Legislators in the Ohio House of Representatives...... 203 Suggestions for Future Research . . . 206

APPENDIX A 210

APPENDIX B 218

APPENDIX C 221 CONTENTS (continued)

page

APPENDIX D ...... 223

APPENDIX E ...... 225

APPENDIX F ...... 240

BIBLIOGRAPHY ...... 243 LIST OF TABLES

TABLE Page

1. Pre“Contemporary Black Legislators in the Chic House of Representatives...... 41

2. The Black Legislators' Length of Residence in the Districts They Represent ...... 51

3. Occupations of the Fathers of the Black Legislators in the Ohio House of Repre­ sentatives ...... 52

4. Background Data on the Contemporary Black Legislators in the Ohio House of Repre­ sentatives...... 69

5. Standing Committees in the Ohio House of Representatives ...... 84

6. Party Loyalty Scores ...... 125

7. Frequency of Dissent among Black Legislators . 133

8. An Evaluation of 10 Bills before the Ohio House of Representatives during the 1971 Session...... 134

9. Party Loyalty on Partisan Votes in the House, 1 9 7 1 ...... 140

10. Interest Groups Ranlced as Powerful in the Ohio House by the Black Legislators . . . .148

11. Interest Groups Ranked as Powerful in the Black Legislators* Districts...... 150

12. State Departments Ranked Favorably by the Black Legislators ...... 171

13. Blacks Holding Key Administrative Positions in State Government, 1 9 7 1 ...... 174 CHAPTER I

INTRODUCTION: THE RESERACH DESIGN

The Purpose and Nature of the Study

The primary purpose o f this research is to explore an application of the ’’informal group approach" to a study of the legislative behavior of a racial group in a state legis­ lature; specifically, it focuses on the ten contemporary black legislators in the Ohio House of Representatives, and attempts to ascertain, in the process, the extent to which this group exerts influence on the deliberations and policy outcomes of The Ohio General Assembly. It seeks, in addi­ tion, to delineate some of the ecological and demographic characteristics germane to the black legislators, along with the kind of activities and concerns that embrace their attention. Since the core of the study evolves around the black membership of the House during the regular session of the 109th General Assembly, beginning on January 4, 1971 and ending on December 22, 1971, the bulk of the research is absorbed with that group and time period, but occasional references are directed, often in survey form, to situations, circumstances and individuals--particularly those who held office during the decade of the 1960s--that are useful for

explanatory purposes.

Legislatures function to referee group conflict growing out of disputes over the allocation of scarce resources in

a society; they deliberate on issues and formulate public policies, i.e., they are prime participants in the authori­

tative allocation of values. Performance of these functions

enable legislatures to occupy a strategic institutional position in democratic political systems where public

officials are elected to office by the citizenry in free elections; in fact, it has been suggested that, "Of all the political institutions, none is more vital to the process

by linking governors and governed in relationships of

authority, responsibility and legitimacy, than the modern

legislature."^ Therefore, some understanding of its ethos

and functioning is essential for procuring insights into

the process of government and its place in society. Often­

times students of politics, observing the legislature as a

political entity, are content to focus on institutional

arrangements and the hierarchy of authority delegated by

written constitutions, but it is the spirit of this investi­

gation that the legislature as an institution exists

physically only in the persons called "legislators."^ The

policies that are decided by the legislature and how they

are decided cannot be separated from the behavior of the

legislators themselves. This study thereby posits credi.t- ability in the informal group approach as one useful means of pursuing an examination of the behavior of those men called legislators.

The most visible feature of the internal organization of legislative bodies are the structures of leadership, committee and party.^ Equally important, however, but not so visible, are the informal unofficial organizations, committees, friendship and/or cliques with which legislators relate. Such groupings as those are functional to the preservation of the legislature and are manifested in forms like friendship cliques, social groups, policy groups, and state delegations. Political scientists have for a long time employed this approach as a rewarding technique for inquiring into legislative behavior. As early as 1933,

Garland C- Routt engaged himself in research on the behavior of eleven senators in the Illinois State Legislature."^ He observed the interactions which took place between those senators, and regarding their behavior, he noted; '’Personal contacts between human beings lie at the very heart of all problems of government and society. Nowhere is this personal factor more evident or more important than in the political activity which determines the content and admin­ istration of laws.His work gave attention to the utility of considering the influences of certain personal and human factors in analyzing a legislative assembly, i.e., he viewed the work of the legislature as very much entrenched in per­ sonal relations. In the same year, John C. Russell directed attention to racial groups as a unit of analysis for investigating a state legislature.^ The work was con­ ducted in New Mexico and the subjects were two distinct racial groups, the Anglos and the Spanish-Americans or

natives. The Spanish-Americans were the people of Spanish descent, although the group had intermarried with members of several Indian tribes, and the Anglos were all the others, which were included, English, German, Scandinavian,

Polish, or other descent; they were customarily referred to

as Anglos by the natives. Russell derived six conclusions

from his observation of the two racial groups. They were:

. . . First, the Spanish-Americans as a group had lost out in the Senate, the 1937 session having only three. In the House they were still an important group. Second, although the record showed that for the most part the Spanish- Americans had been Republicans, the political parties were probably in a state of flux. Third, issues likely to provoke racial difficulties were avoided by both groups and political parties. Fourth, the awareness of social responsibilities in holding political office did not seem to rest heavily on the natives, but the same was true for many of the Anglos as well. Fifth, the Spanish-Americans as a group were jealously guarding their old traditions and resented any interference with them. Sixth, if the Anglo population had continued to grow, the natives would have found themselves more outnumbered than they were.'

Any political scientist or other interested observer wish­

ing to do research on the New Mexico Legislature at the

time in which Russell wrote would have had to consider the

regionalism illustrated in his analysis; such factors would have been essential for securing a lucid understanding of legislative behavior in the New Mexico Legislature. Even though the dated study did not deal specifically with blacks as a racial group, as the present project does, it provides a similar conceptual framework, and it lends a sense of mission to the research undertaking.

Since the two earlier studies, a number of political writers, especially during the 1950s, have resorted to a sociological theory of politics which viewed the group as the basic political form and the legislature as the referee of this group struggle— as previously noted— and formali­ zing the victories of the winning coalition.® However, the group theorists paradigm of American politics really dates back to a pioneering work by Arthur F. Bentley, published in 1908.^ The writers of the 1950s symbolize a revitaliza­

tion of Bentley’s earlier labors. One of the leading exponents of the group theory school^® who viewed the

legislature as a human aggregation, was David Truman. He

asserted:

. . . A legislature has its own group life, sometimes as a unit, perhaps more often as a collection of subgroups or cliques. It has its own operating structure, which may approxi­ mate or differ sharply from the formal organi­ zation of the chamber. When a man first joins such a body, he enters a new group. Like others, it has its own standards and conventions, its largely unwritten system of obligations and privileges. . . . Truman's analysis was geared primarily toward illustrating the accessibility of legislative assemblies to the influ­ ence of various group interests; the informal group approach is wedded to this hypothesis.

Legislative social groups have been examined with frequency in the Congress of the United States. One such unfolding of the drama of informal groups stems from the work of Charles L. Clapp, who conceived of them in these

. . . the opportunities they provide for ming­ ling informally with colleagues and getting to know them better, for sharing common experi­ ences, for relaxing from the persisting strains of an arduous, demanding job constitute important socializing factors which are difficult to ignore in an assessment of the influences on a congress­ man. As one member commented, "In this very large group which is the House, the smaller groups which rise and decline through the years are valuable for several reasons, psychological and social. They give a little more air of friendli­ ness, support, and confidence to what is a rather strenuous life. And they are a vehicle of learn­ ing. "12

Prayer breakfast groups, in both the House and the Senate, drawing together membership from the two parties, meet weekly for breakfast and prayer. The bonds of friendship between the members of these groups are very strong— often expressing themselves in the manner of legislative coopera­

tion.^^ The "gym groups" are also influential in Congress—

these are the gentlemen who get together for physical exercise by engaging in athletic competition. This group

has been considered one of the most influential in the House.The gym, with its informal atmosphere provides opportunities for Congressmen to meet and discuss pending political matters— in other words, much legislative business is transacted in the gym. To this list of informal groups we could add the Democratic Study Group which organ­ ized the liberal Democrats for the purpose of advancing a more liberal program, and the various classes of entering freshmen congressmen, which began as the 86th Club, the

87th Club, etc. The freshmen groups serve to indoctrinate and educate new members, who otherwise would be stray sheep wandering in the wilderness; in this fashion, they facili­

tate an educational function by keeping the novice congress­ man informed on pending legislation.

The membership and group life of the legislative committees have similarly been subjected to systematic

treatment.In an article on a congressional committee,

Ralph K. Huitt-^ gave three reasons for the importance of

the standing committee as a discrete unit of analysis for

studying informal group behavior. The reasons are; (1)

they are decision-making agencies of crucial importance;

(2) they provide a point of focus for the political process,

i.e., they are miniature legislatures; and (3) each house is

a human group with a leadership hierarchy, a hierarchy of

influence and set of norms which control more or less the

behavior of its members. His conceptual framework viewed

committee members as judges representing the general interests, presiding over the public debate o f special interests, and committee members themselves were also seen as participants in the struggle of contending groups, one phase which was the public hearing. Huitt ascribed three functions to the public hearing conducted by committees: transmitting, propaganda, and catharsis--these were used as hypotheses in the case study of the hearings on the continuance of OPA before the Senate Committee on Banking and Currency in the Spring of 1946. For Richard F, Fenno,^^ the Committee on Appropriations of the House of Representa­ tives furnished an intriguing subject for examination. The study covered the period between 1947 and 1961, aiming to provide an understanding of appropriations politics in

Congress and suggests this methodology for studying the activities of any other committee in Congress. The Appro­ priations Committee was viewed by Fenno as a prototype of a political system itself (or more adequately a political

subsystem), faced with many problems, one which was to

achieve its goal and maintain itself. It dealt specifically with the problem of self-integration. Fenno then cited five

characteristics that helped to explain the degree of inte­

gration achieved by the Appropriations committee. They

were: (1) the existence of well articulated and deeply

rooted consensus on committee goals or tasks; (2) the nature

of the committee's subject matter; (3) the legislative

orientation of its members; (4) the attractiveness of the committee for its members; and (5) the stability of the committee’s membership. In the final analysis, Fenno's scheme established the extent of self-integration of a committee as the key cuing device in assessing its effective­ ness. Thus, the stability of the Appropriations Committee was attributed to its success vjith self-integration. These two studies showed that the standing committee can, and has been used as an effective unit of analysis in examining legislative behavior in Congress. In other words, committees have role expectations, group norms and processes whose knowledge can lead to a broader understanding of legislative behavior in the larger body. And because they are small groups, their activities are quite amenable to empirical investigation.

State and regional delegations in Congress provide an additional point of departure for an investigation of in­ formal groups in Congress. Again, David Truman contributed.

He observed the activities of the New York State delegation in the House of Representatives and resolved that large state delegations have been known to provide information, advice and voting cues to their members.He estimated that the state delegation as a group within the confines of the legislative party, may have valuable consequences for determining the influence of an informal group in a legislative assembly such as the House of Representatives; moreover, the state delegation as a unit of analysis affords 10

the opportunity to observe interactions between legislators

in the group and determine the extent to which these inter­

actions affect each other's choices in the decision-making process in Congress.

Still another research project involving New York

congressmen was materialized by Alan Fiellin which took

the form of a case study depicting the behavior of the rfew

York Democrats in the House of Representatives; he evalu­

ated the approach in the following terms:

. . . By providing the new member with a social and political home away from home, by offering him valuable conceptions of the national legis­ lative process, and his role in it, the group performs important functions for the individual.19

Returning to state legislatures, patterns of inter­

personal relations in the Wisconsin State Legislature

symbolized the chief preoccupation of a study conducted by

Samuel Patterson.His investigation revealed friendship

cliques established to the extent that their existence was

recognizable to other members of the assembly; through his

research he was able to explicate and plot the relation­

ships between friendship patterns, leadership and seating

proximity, as they related to the formation of the political

attitudes exhibited by members of the Wisconsin Legislature.

An additional investigation on impersonal relations in a

state legislature was carried out by Stephen V. Monsma,^^

who directed his efforts toward the 1964 session of the

Michigan House of Representatives. He interviewed, between 11

January and May, 1964, one hundred and five of the one hundred and ten members of the House of Representatives.

The research effort aimed to demonstrate and distinguish

"how" primary and secondary informal relations can be identified among legislators and the means by which a study of these relations can be useful in understanding the legislative system. In order to uncover primary relations he asked the legislators, "Now, who are some of your closest friends in the House--I mean the members you see most often outside the chamber, at lunch or dinner or parties and other social gatherings?" To determine the secondary relations, the question was: Could you najme five or six members of the House with whom you frequently discuss proposed legislation? The chief hypothesis was, interper­ sonal relations in a legislative system could function to increase the effectiveness and the efficiency of the legis­ lative system by elevating legislators who are especially knowledgeable, skillful, and conscientious to positions of

influence, while relegating legislators who are especially

inept and lacking in conscientiousness to the periphery of

the legislature. His findings strongly supported this hypothesis. The legislators who were placed at the center of the legislative system were the ones who were more con­

scientious, possessed a high degree of skill and ability

and were more influential than the ones placed at the pheriphery of the legislative system. 12

This survey of previous studies portraying the ’’group” nature of legislative life is by no means exhaustive, but merely suggests a frame of reference for the proposed study, and concurrently attests to the soundness of the research undertaking. The informal group approach is derived from this paradigm of the legislative system. How­ ever, any examination of the legislative behavior of infor­ mal groups must consider the internal and external forces, e.g., groups and individuals, that affect their behavior.

In the internal structure (within the confines of the legislature itself), groups form because of interpersonal relations, and may talce the form of social groups, cliques, friendship groups, committee delegations, state and/or regional delegations and policy groups, etc. On the other hand, external groups and forces also have an im­ portant impact on legislative decision-making, especially because of the accessibility of the legislature to group interests from the outside; consequently, constituency groups, interest groups, the bureaucracy, the governor and his staff, and political party groups, interact in the legislative system configuration.

The present research project, utilising the case study

approach, and adopting a racial group as the primary unit of analysis, is a pioneer effort with respect to the ilk of

informal groups, particularly as it relates to the Ohio

General Assembly, Therefore, many of the. ideas, premises, ■ 13 generalizations, etc., included in this project are both exploratory and eclectic- To date, no racial group has been studied in the Ohio House of Representatives. This study, then, is characterized by four major hypotheses that are stated as follows:

1. The nine black Democratic members of the Ohio House of Representatives constitute an informal group; the one black Republican, because of the distinct nature of his constituency, is a deviate from this pattern. Further, esprit de corps exists among the nine Democratic members and their informal organization serves as a means of socializing the members into the larger body; similarly, the informal grouping functions as a source for the dis­ semination of information of mutual interest to members of the group.

2. Race is a factor affecting the behavior of the black legislators in the Ohio House of Representatives.^^

3. The increase in the number of blacks in the Ohio

House of Representatives has effectuated an increase in the volume of legislation categorically beneficial to black citizens in Ohio.

4. The black legislators do, in fact, exert influence on the public policies which emerge from the Ohio General

Assembly. Definition of Terms

Influence,^^ for the present investigation is defined in these terms : A.influences B to the extent that he gets

B to do something that B would not have otherwise done.

Stated in this fashion, influence becomes a relationship among individuals, groups, etc.; likewise, influence is a relationship between political actors wherein one actor induces another actor to act in some way he would not act otherwise. Influence can be exercised in a legislative assembly through cooperation, bargaining, bloc voting, log­ rolling, persuasion, etc. A model of influence in the leg­ islature can be considered in three different dimensions, for example, influence based on individual personality, influence based on institutional position, and influence predicated on an organizational power-base. In the first instance, the emphasis is on the personality of the individ­ ual legislator, that is, some lawmakers are affable, in­ dustrious, skilled in oratory, personable, honest, etc.— these personality traits, along with related ones, enable the individual legislator exhibiting them to persuade others to his advantage. In the institutional position dimension, the center of attention is on the power and pres­ tige invested in positions of leadership in the legislature, of the kind exercised by the top leadership echelon, for example, the speaker, the majority and minority floor 15 leaders, whips and committee chairmen; these positions place the holder in strategic positions to wield influence. The organizational power-base dimension of influence entails the influence exhibited by a voting bloc— or potential— of a legislative informal group and/or influence that is generated by virtue of the support of a powerful community based political organization which may be recognized as a force to be reckoned with. Thus, party candidates running for office in state and local elections may find it exped­ ient to solicit the endorsement of a strong community based political organization, in order to boost their chances of winning these elections.

The indices of influence utilized for purposes of this study entail; (1) the black legislators’ perception of their own influence individually and as a group; (2) the perception of the black legislators’ influence as viewed by their white colleagues in the House; (3) the relationship of the black legislators with their respective political parties; (4) the bloc voting potential of the black legis­ lators; and (5) the black legislators’ relationships v;ith interest groups, the governor and the bureaucracy, as such relationships can be generated to the extent that political rewards and benefits are reaped by them.

An informal group, in the framework of this study, is an aggregation of individuals whose existence as an organ­ izational entity is not specified in official regulations 16 and organizational charts. Informal groups grow usually out of face-to-face relations and may develop in a variety of

social situations--the state legislature is the case in point. Sidney Verba assessed the significance of these face-to-face relations in these words:

. . . If we are to understand the political process, greater consideration must be given to the role of face-to-face contacts. Primary groups of all sorts mediate political rela­ tions at strategic points in the political process. They are the locus of most political decision-making, they are important transmis­ sion points in political communications, and they exercise a major influence on the political beliefs and attitudes of their m e m b e r s . 24

Hence, a study of informal groups provides insights that

are relevant to an understanding of the process of govern­

ment itself. Such a consideration enables one to look

beyond the formal structures and examine the roles these

groups play in the legislative process.

Significance of the Study

An abundant supply of literature, in recent years, has

been published on state legislatures, but little of this

literature, to date, has treated the general behavior, such

as problems, achievements, role perceptions, influence, etc,

of a group of black legislators in a state legislature.^^

And none has been published on black legislators in the

Ohio Legislature. In the publications that do mention black

membership in state legislatures, the emphasis is usually 17

on the lack of black representation rather than on their

legislative behavior.Yet, black elected officials are

becoming a growing force in American politics.Within

the decade of the l960s, due to the Voting Rights Bill

and other civil rights gains brought on by the black social

revolution in progress, the American political scene witnessed a significant increase in the number of black

Americans holding public office. For example, a survey

recently conducted by the Joint Center for Political Studies of Washington, B.C. estimates there are 1,860 black citi­ zens holding public office in the United States in 1971; of these, 198 are state legislators.^® The State of Ohio

claims 12 of these— 10 representatives and 2 senators.

Nevertheless, prior to now, political writers and the lit­

erature in political science have been prone to neglect the

problems and prospects of black politicians; consequently,

they have been assigned a second class rank in the litera­

t u r e . But the trend is now beginning to move in the

opposite direction; however, there is still a need for the

construction of a theoretical framework providing interested

persons the opportunity to acquire greater insight into the

behavior of a racial minority in a legislative assembly.

Then too, black politics as an academic discipline is still

in the embryonic stage— the research of the nature outlined

here contains possibilities for engendering a broader view

of this virgin area. P.s a result, the research on the ten black legislators in the Ohio House of Representatives purports to contribute to a wider understanding of this subject area.

Methodology

The principal tools for collecting information for the project utilize the following: (1) interviewing; (2) examining news accounts of the legislative activities and careers of the black legislators procured from newspaper morgues; (3) monitoring newspapers on legislative develop­ ments, particularly those relating to black legislators during the 109th General Assembly; (4) collecting informa­ tion from historical societies, libraries and government agencies and/or offices, and (5) direct observation of the black legislators on the floor of the House, and in com­ mittee hearings. In the preliminary stages of the work, a structured questionnaire was completed for securing infor­ mation from the ten black legislators, and a different one for their white colleagues. Initial contact ivith the black legislators came through a written memo sent early in

January, 1971, just after the session began, explaining the author's intentions to engage in the research under talcing.

Shortly afterwards, each black legislator was contacted by telephone as a follow-up procedure and for purposes of scheduling appointments for the interviews to follow. Be­ cause of the exploratory and pioneering nature of the project, 19 the interviewing of the black legislators had to be an in-depth venture. The interviewing of the black legisla­ tors actually began during the last week of March and was completed in mid-May. The interviews ranged in time from a minimum of 2 hours to a maximum of 3 hours and 45 min­ utes, with the average one running approximately 2 hours and a half, depending on the amount of leeway the legisla­ tor’s time schedule permitted, and his willingness to discuss in-depth, some of the questions posed to him. In most instances the completion of the interview took from two to three different meetings; only in a couple of cases did one meeting suffice.

Then came the interviewing of the white colleagues of

the black legislators; 16 were selected for purposive

sampling. These interviews took about one-half hour to complete, again, depending upon the leeway in the legisla­

tor’s time schedule and his willingness to elaborate on the questions. Interviewing these legislators aimed to deter­ mine their perception of: the black legislators as a group;

their influence, and the existence of other informal groups

in the House of Representatives, Criteria devised for the

random sampling involved interviewing one Democrat and one

Republican from each county delegation containing black

legislators, e.g., Franklin, Cuyahoga, Hamilton, Mont­

gomery and Lucas; Hamilton County was an exception to the

rule because the only two Democrats are black, so two 2 0

Republicans had to be selected. Seniority and seating contiguity were also a part of the criteria. Seniority was considered as a significant variable because of the ten­ dency for those with greater seniority to have greater experience pertaining to the legislative process and there,

too, was the likelihood of them having more knowledge about

the behavior of the black legislators than their newer

colleagues. Seating contiguity was found functional in a

small number of cases where county delegations sat together;

seating contiguity has been established as a distinctive variable in interpersonal relations in the legislative

chamber, e.g., friendships develop and voting cues may be

given; further, one Democrat and one Republican was

selected from counties containing no black legislators in

their delegations--the two did not hail from the same county

and seniority again was the determining factor in their

selection.

In addition, the top leadership of both parties was

encompassed in the interview configuration, for example,

the Spealcer, the Majority Floor Leader, the Minority Floor

Leader, and the Assistant Minority Floor Leader composed

this group. With the exception of the chairman of the

Health, Education and Welfare Committee, chairmen of com­

mittees v/ere not distinctly considered as a group but rather

allowed to pop-up unplanned; in other words, a few of the

legislators interviewed also happened to hold committee 21 chairmanships. The chairman of H.E.W. was picked because of the interests of black legislators in welfare programs and the tendency for blacks living in poverty stricken areas to receive public assistance. Thus, the sixteen interviews were completed during the first week in June.

Newspaper morgues were visited in Cleveland, Dayton and Cincinnati where background information on the careers of the black legislators as reflected in the news was gathered. Among those visited were: The Plain Dealer,

The Cleveland Daily News, The Call and Post (Cleveland),

The New Dayton Eiqpress, The Dayton Journal Herald, The Dayton

Daily News, The Cincinnati Enquirer, The Cincinnati Herald,

The Cincinnati Post and Times Star. The Columbus Dispatch’s morgue was not available for public research purposes.

Articles were received from The Toledo Blade through tele­ phone contact; additionally, the author regularly monitored news accounts on the black legislators and other legis­ lative developments in the course of the 109th General

Assembly, appearing in The Call and Post, The r%w Dayton

Express, The Cincinnati Herald and The Columbus Dispatch—

these were subscribed to by the author.

The Ohio Historical Society and the Western Reserve

Historical Society were valuable sources, especially for

securing the information needed for the historical analysis of black membership in the Ohio House of Representatives. 22

The Ohio State University Library, The Cincinnati Public

Library and The State Library were found useful for similar reasons. Government agencies and offices represented another valuable source for compiling materials on the black legis­ lators, e.g., The Legislative Service Commission, The Legis­ lative Reference Bureau, The Office of the Secretary of

State, and The Governor's Office. Journals and bulletins of The House of Representatives proved also to be valuable research tools for the project.

Outline of the Chapters

Chapter II entails a brief survey of the historical background of the Ohio House of Representatives, including in the process a stress on the origin and development of black membership in the House. In Chapter III individual characteristics of the ten contemporary black legislators are encompassed (e.g., age, tenure, party, occupation, education, etc.). The black legislators are pictured as an

informal group in Chapter IV; their perception of their own

influence as an informal group is attended to, along with

the perception of their status as an informal group with

influence as seen by their white colleagues in the House.

Discussed in the next two chapters are indices of the

influence exhibited by the black legislators in the Ohio

House of Representatives. Accordingly, in Chapter V, the black legislators' relationship with the political parties, as a variable determining the nature of their influence, is the main focus of these efforts. An attempt is made in this chapter to deal with the standing of the black legislators as a potential voting bloc in the House.

Chapter VI explores three additional indices of the black legislators’ influence— their relationship v/ith interest groups in the state; their relationship with the governor, his staff and with the state bureaucracy. And finally,

Chapter VII consists of a set of conclusions dr awn from the research project ; specifically, there are attempts to draw from the behavioral characteristics of the black legislators in the Ohio House as an informal group and formulate definitive remarks on the nature and extent of the influence of the black legislators as exercised in the Footnotes for Chapter I

1. Eulau Heinz and John C. Wahlke (ed.), Legislative Behavior :__ A Reader in Theory and Research (Glencoe: Tïïe” Free Press, 1959), p. 3.

2. Ibid.

3. Malcolm E. Jewell and Samuel C. Patterson, The Legislative Process in the United States (New York: Random House, 1966), p. 403.

4. Garland C. Routt, ’’Interpersonal Relations and the Legislative Process,” Annals of the American Academy of Political and Social Science, CXCV (January, 1938), 129-136.

5. Ibid.

6. John C. Russell, ’’Racial Groups in the New Mexico Legislature,” Annals of the American Academy of Political and Social Science, CXCV (January, 1938), 62-72.

7. Ibid.

8. See Earl Latham, The Group Basis of Politics (Ithaca: Cornell University Press, 1952).

9. Arthur F. Bentley, The Process of Government (Chicago: University of Chicago Press, 1908).

10. I'Jhile it is realized there exists within the profession a significant amount of ferment over the nature of group theory, the author does not intend to jump on the bandwagon, but simply adopts a pro-group theory position. Perception by the members of the group and those outside the group constitute validity in the realm of this research.

11. David Truman, The Governmental Process (New York: Alfred A. Knopf, 1951), pp. 343-344.

12. Charles L. Clapp, The Congressman: His Work as He Sees It (Washington, D.C.: The Brookings Institution, 1963), p . 36.

13. Ibid., p. 39.

14. Ibid., p. 40. 15. For a composite listing, see Norman Meller, "Legislative Behavior Research," Western Political Quarterly, XIII (March, 1960), 145-146.

16. Ralph K. Huitt, "The Congressional Committee: A Case Study," American Political Science Review, XLVIII (June, 1954), 340-365.

17. Richard E. Fenno, "The Appropriations Committee as a Political System," American Political Science Review, LVÏ (June, 1962), 310-324.

18. David Truman, "The State Delegations and the Structure of party Voting in the United States House of Representatives," American Political Science Review, L (December, 1956), 1023-1045; see another work by the same author which also demonstrates the influence of informal relationships on legislators* voting decisions. The Congres­ sional Party; A Case Study (New York: John Wiley and Sons, 1959), Chapter VII. Two other related studies involving regional delegations and their legislative behavior are: John H. Kessei, The Washington Delegation," Midwest Journal of Political Science, VIII (February, 1964), 1-21; Neal” A. Maxwell, "Tna Conference of Western Senators," The Western Political Quarterly, X (December, 1957), 902-910.

19. Alan Fiellin, "The Functions of Informal Groups in Legislative Institutions," Journal of Politics, XXIV (February, 1962), 79-81. For a more comprehensive coverage of the same subject see also: Alan Fiellin, "The Behavior of a Legislative Group in the House of Representatives: A Case Study of New York Democrats" (unpublished Ph.D. dis­ sertation, New York University, 1961).

20. Samuel C. Patterson, "Patterns of Interpersonal Relations in a State Legislative Group," The Public Opinion Quarterly, XXIII (Spring, 1959), 101-109. See also: Samuel C. Patterson, "Toward a Theory of Legislative Behavior: The Wisconsin State Assemblymen as Actors in a Legislative System" (unpublished Ph.D. dissertation, University of Wisconsin, 1958).

21. Stephen V. Monsma, "Interpersonal Relations in the Legislative System: A Study of the 1964 Michigan House of Representatives," Midwest Journal of Political Science, X (August, I960) , 350-363, For additional coverage of the same subject see: Stephen V. Monsma, "Informal Groups in the Legislative Process: A Study of the Michigan House of Representatives" (unpublished Ph.D. dissertation, Michigan State University, 1965) . 22. The main rationale for examining this variable in the study is to try and determine the intent which racial discriminationj so problematic in the society at-large, is duplicated in a legislative assembly. For scrutiny of a broader treatment of this variable as a factor in studying black legislative behavior see: Robert T. Perry, "The Black Legislator: ■ A Case Study of the House of Representa­ tives of the Missouri 75th General Assembly" (unpublished Ph.D. dissertation5 University of Missouri, forthcoming).

23. The concept of influence in the discipline of political science is the subject of much controversy. The term is sometimes used very loosely, in a manner vague and indeterminate. Part of the difficulty lies with the fact that much of what is included in a legislator's behavior contains a large class of actions among which are the often mentioned "back-room deals," secret interchanges, communica­ tions by tone and gesture, etc.--forever inaccessible to any observing analyst. See: John C. Wahlke, "Behavioral Analysis of Representative Bodies," in Austin Ranney (ed.). Essays on the Behavioral Study of Politics (Urbana, Illinois: University" of^li.xnois Press, 1962), p. 183. Therefore, when one attempts to quantify the concept of influence in concise terms, difficulties abound because of these sometimes obscure factors. Yet, in spite of the problems, it is still feasible to adopt a working model, which is what is done in the case in point. The application of the concept as used here endeavors to avoid all of the technical pitfalls of the usage of the term; no distinction is made between the concepts of influence and power as some studies do; for example, see: Harold D. Lasswell and Abraham Kaplan, Power and Society: A Framework for Political Inquiry (New Haven: Yale UniveFsxty Press, 1950), Chapter V and passim. But for our purposes, the two terms are considered one and the same. Source drawn from for the construction of this model of influence include: Robert A. Dahl, Modern Political Analysis (Englewood Cliffs: Prentice-Hall, Inc., 1963); see also an article by the same author, "The Concept of Power," Behavioral Science, II (July, 1957), 201-218; Randall B. Ripley, Power in Th e Senate (New York: St. Martin's Press, 1969), p. 4; Peter Bachrach and Morton Baratz, "The Two Faces of Power," American Political Science Review, LVII (December, 1962), 947-952. The latter source takes the position that power has two important dimensions one must consider in assessing its impact--one dimension evident in terms of the outcome of the overt decision-making process, the other demonstrated in the capability of individuals and groups in preventing issues or contests from arising that could threaten their interests. 24. Sidney Verba, Small Groups and Political Behavior: A Study of Leadership (Princeton: Princeton University Press, 1961), p. 4 and passim.

25. Although this scarcity exists, there is now be­ ginning to develop, but still not enough, a body of liter­ ature attempting to deal with the problems and prospects of black elected officials, some of which are state legis­ lators. One can gain much insight into the behavior of black officeholders through examining this emerging lit­ erature, most of v/hich is written by blacks. For example, in this category see: Mervyn M Dymally (ed.), The B1ack Politician: His Struggle for Power (Belmont, California: Wadsworth Pubfishing Company, Ï97îy. The editor of this publication is a California State Senator and most of the writings contained therein were written by black office­ holders; Hanes Walton, Jr. and Leslie Burl McLemore, "Portrait of Black Political Styles," The Black Politician, II (October, 1970), 9-13; Mack K. Jones, "Black Office- holders in Local Governments of the South: An Overview" (paper presented at the 66th Annual Meeting of the American Political Science Association, Los Angeles, California, September 6-12, 1970),

26. Jewell and Patterson, op. c it., p. 12; William J. Keefe and Morris S. Ogul, The ^jnerican Legislative Process: Congress and the States (2nd ed”. ; EngTewo6d~cliffs. New Jersey: Prentice-Hall, Inc., ,968), pp. 128-129.

27. Jim Goodrich, "Black Officeholders Increase Power," The Black Politician, II (January, 1971), 40-41; Thomas DeFrank, et , "The New Black Politics," Newsweek (June 7, 1971); The Call and Post, April 10, 1971 ; The Nëw York Times, March 26, 1971 ; The New York Times, October 3, 1968 ; The New York Times, March 31, 1^970; The New York Times, September 11, 1969; The Naw York Times, September 15, 1969.

28. See James E. Conyers, A National Survey of Black Elected Government Officials in the United States (Terre Haute, Indiana: Department of Sociology, Indiana State University, 1971). The information contained ivithin the publication is in the form of a questionnaire Dr. Conyers sent out to the 1,860 black officeholders in the United States. His research is conducted under a grant from the Russell Sage Foundation in preparation for a book on black officeholders in the United States. See also: Joint Center for Political Studies, National Roster of Black Elected Officials (Washington, D.C.: Joint Center for Political Studies, 1971); The Columbus Dispatch, April 29, 1971.

29. Chuck Stone, Black Political Power in America (New Yorkr The Bobbs-Merrill Company, 1968), Chapter I. CHAPTER II

THE HISTORICAL BACKCROHND OF THE OHIO HOUSE OF REPRESENTATIVES AND BLACK MEMBERSHIP

The Early Legislature

Beginning with the Northwest Ordinance in 1787, the first representative body in Ohio was established as the

General Assembly.^ Three important stages of government were written into the pages of the Northwest Ordinance which stated:

1. VJhile the population was less than 5,000 free white males, government was to be in the hands of a governor, a secretary and three judges, all of whom were to be appointed by Congress, later by the President of the United States.

2. iVhen the population reached 5,000, there was to be a legislative assembly of two houses, the lower house to be elected, the upper house to be chosen by Congress, The Governor was to retain an absolute veto over all legislation. A nonvoting delegate to Congress was to be selected.

3. h^hen the population reached 60,000 the terri­ tory could apply for admission to statehood.'^

Aside from these features of the ordinance, it encouraged religion, morality and public education. Neither slavery nor involuntary servitude were to be permitted in the territory and no more than five, nor less than three states could be carved cut of the Northwest Territory—

Ohio became one of these states.

28 Elected in 1798, the first General Assembly met in

Cincinnati, in February, the same year, and again in

September of 1799.^ Tv.'enty-two citizens composed the membership in the first territorial assembly. The terri­ torial system lasted for three years and on October 2,

1802, thirty-five men were elected as delegates to a Con­ stitutional Convention for preparing a constitution for

Cfiiio.'^ Convening on November 1, 1802 in Chillicothe, the aim of the delegates was to present a constitution to

Congress that could meet the requirements for statehood and admittance to the Union; thus, the Constitution of the

State of Ohio v/as ratified by Congress on February 19,

1803— Ohio became the seventeenth state to join the Union on March 1, 1803.^ The Ohio Legislature had its home at

Chillicothe from 1803-1810, and again from 1812-1816; it was at Zanesville from 1810-1813 and established perman­ ently at Columbus in 1816.^ Two elective houses made up the General Assembiy--a House of Representatives and a

Senate--and annual sessions were to be scheduled; repre­ sentation in the two houses was apportioned ciraong the counties or districts according to their white male popula­ tion (above 21 years old)P The constitution delegated all legislative powers to the General Assembly and was said to be the "voice of the people" asserting itself through elected representatives in the form of legislation. Under the new constitution the General Assembly consisted 3 0 of thirty representatives and fifteen senators. Within one year after the meeting of the General Assembly, the number of representatives was to be fixed by the legisla­ ture after each enumeration and apportioned among the counties according to the number of white male inhabitants over 21 years of age in each; however, the total number was not to be less than twenty-four nor more than thirty-six until the number should reach 22,000.® Representatives were required to be at least 25 years of age and elected annually; the age qualifications for senators was thirty

years and their elections were scheduled biennally, one- half being elected each year.

On the other side of the picture, blacks in Ohio in

1802 were legally free, but little more. Black citizens

had under the Constitution virtually no political existence

and no political rights.^ In fact, the so-called "Black

Laws" passed by the state legislature in 1804 and 1807

symbolized this condition of political impotence, i.e.,

those laws aimed to severely restrict the rights of black

persons in Ohio. The law passed in 1804 by the state

legislature declared:

. . . That no Negro or mullato should be allowed to settle in the state unless he could furnish a certificate from some court in the United States of his actual freedom. The blacks al­ ready living in the state must register before the following June with the county clerk giving the names of their children. For each name a fee of twelve and one-half cents was to be charged. No white man could employ a Negro for one hour unless the Negro could show a certifi­ cate of freedom, and any violation of this law was subject to a fine of from ten to fifty dollars. The same penalty was attached to harboring or hindering the capture of a fugitive slave. Besides this penalty the white man employing the Negro was obliged to pay fifty cents per day for his services to his owner, if one should appear,

In 1807 the law v/as amended to provide more stringent measures, viz,, a black individual was required to give bond of éSOO as a guarantee of good behavior and raised the

$50 to $100 for hindering the capture of a Negro.Another law of 1829 prohibited black children from entering public schools and also barred blacks from all institutions, asylums and poor houses. These laws may be summed up briefly:

a. Negroes were forbidden to enter the state (we say forbidden because it was virtually impossible for them to fulfill the entrance requirement which included a 8500 bond).

b. They were debarred from the militia.

c. They could not under existing conditions send their children to school,

d. They could bear no witness against a white man, no matter what were the circumstances.

e. They were tried by juries of white men.

f. They could not work unless they carried their certificates of f r e e d o m ,

These were the "Black Laws" which served to work all manner of evil on black persons in Ohio for nearly a half century.

Much of the hostility exhibited by whites tov/ard blacks in

Ohio during this period stemnjed from the competition for 32 jobs, among other possible reasons; in other words, whites were of the opinion that blacks migrating into the state in large numbers would hinder them from securing the available supply of jobs. Signs of this sentiment were vividly shown when Governor Trimble declared in 1832 that the increase of Negroes in the state was a threat to Ohio, and a com­ mittee of the Ohio House of Representatives reported that the free Negro presented "a serious political and moral evil" and tended to degrade white labor.Thus, whites savj the increase in the black population in Ohio as a threat to their status and power ; therefore the "Black Laws" were resorted to as a controlling force on the social, economic and political aspirations of black people. Realizing their condition under the "Black Laws" in Ohio, many blacks began to assemble their efforts in order to improve their status and to fight with the aid of the more liberal whites, the battle for justice and equality in Ohio. It was this type of situation that brought on the repeal of the Black

Laws along with the achievement of the suffrage for black persons in (Siio— but the victory came later in time; suf­ frage for blacks in Ohio was achieved in 1869, while the

"Black Laws" were repealed in 1876, Having examined the early stages of the development of representative assemblies in the State of Ohio, it is necessary to probe into another significant stage of historical development--the Constitu­ tion of 1851. The Constitution of 1851 and Later Developments

During this time period, the General Assembly had vir­ tually no restrictions on its power to tax, incur debts, or grant special privileges and charters. This situation pro­ vided a means for the exploitative opportunities and weak­ nesses that accompanied much of the settlement and indus­ trial expansion of the State of Ohio. Changes were needed; therefore, in June, 1851, the voters approved a new consti­ tution submitted by the General Assembly. By the pro­ visions of this constitution, the General Assembly continued to exist as a bicameral body but its sessions were reduced from annual to biennial.Except in 1885, however, annual sessions were held until 1895.^^ Since 1895, biennial sessions have been held as required by the Constitution.

The governor was not given the veto power until the Con­ stitution was amended in 1903 for that purpose, but the assembly remained supreme in terms of the enactment of legislation.

According to the Constitution of 1851, the membership of the House of Representatives v?as to be determined by dividing the size of the state by the number 100; each county that had a population equal to at least one-half a ratio was granted a representative in each session during the decennial period. Two representatives were granted to those counties with a full ratio and three-fourths over; 3 4

and counties vjith three times the ratio were allotted three representatives; counties too small in population to warrant

a representative were combined to form representative dis­

tricts. In an attempt to ’'keep politics out" in the deter­ mination of equitable apportionment for the two houses, the

Constitution provided that an ex-officio board composed of

the governor, the auditor and the secretary of state become empowered to meet after the announcement of the results of the Federal census and decide whether the number of senators and representatives to be elected in each county

and in each biennium showed congruence with the constitution­

al formula; however, criticisms about fair apportionment flourished at this time period, and were continued until the

reapportionment revolution precipitated by the Balcer v. Carr

decision in 1962. This decision caused Ohio to adopt a new

apportionment plan in 1966 which provided for a House of

Representatives comprising 99 members and a Senate contain­

ing 33 members. This marked the culmination of the drive

for reapportionment that had been generated in Ohio shortly

after the activation of the Constitution of 1851.

Returning now to the sequential analysis, it is

important to note that the Constitution adopted in 1851

has not since been totally rewritten; nevertheless, some

changes were made in constitutional conventions coming

afterwards. Accordingly, a third constitutional convention the convention was initiated, but again, its work was com­ pleted in Cincinnati. There was less a demand for change

in the basic state laws than there had been at the conven­

tion in 1851. A special election was called to vote on

the revised document in August, 1874; however, it was de­

feated by a vote of more than 250,000 to 103,000.^^

Another convention, for constitutional purposes, was

convened in 1903; at this time forty-one proposed amend­

ments were submitted to the voters. Thirty-three of these

were approved. Powers of the legislature were limited

through these amendments by:

1. Giving the people powers of initiative and referendum

2. Authorizing the Governor to veto separate items on appropriations measures

3. Limiting the business conducted in special sessions to the items identified by guber­ natorial proclamations, and

4. Transferring to the Governor the power to remove public officials /and the veto power7.^®

Nine years later in 1912, delegates were summoned to

still another constitutional convention. A number of

strong-minded men were found in this convention beginning

its work in January and completing the proceedings in the

late summer of 1912. This convention decided not to "re­

write" the constitution but rather to submit a total of

forty-one proposals on which the people voted.If 36 approved, these proposals would have become amendments to the state Constitution. Much more distrust for the legis­ lature characterized the amendments than did the original constitution and the 1851 revisions. A total of forty-one proposals were submitted to the voters, eight of which were defeated. Included among those defeated were the abolition of capital punishment, the use of voting machines and the right of women to vote. Among the key provisions approved by the voters were the initiative and referendum.

The discussion of constitutional developments in Ohio

up to this point leads to a confirmation that slight changes occurred in the Ohio Constitution after its in­

ception in 1802-1803. Most of these changes were gradual

and came as a direct result of an increasing population in

the state and the concurrent development of industrializa­

tion throughout the middle and latter part of the 19th

century. As these environmental changes occurred, modifica­

tions in the state’s laws had to keep pace.

Our attention is now reverted to the historical sit­

uation pertaining to blacks in Ohio around 1851 and

shortly thereafter. Black Ohioans had looked upon the

state’s "Black Laws" with a great deal of contempt, and it

was because of this sentiment among black Ohioans that a

movement containing white allies had begun to gain momentum

around 1846. In fact, the State Convention of Colored Men

of Ohio had busied itself since its beginning in 1835 with • 37 petitioning the legislature, and it was now launching strong efforts for the repeal of these laws.^® However, by 1850 black individuals in Ohio had attained only second class citizenship; they did not have the right to use public property, and did not have the right to vote or hold public office. Black suffrage was discussed in the Constitutional

Convention of /TSSlT but intermittent objections were raised and a resolution limiting the suffrage to white males was carried by a vote of 66 to 12.^^ Nevertheless, Ohio was not alone in its disfranchisement of black individuals in the course of this period in American history, for during the period between the Constitutional Convention in 1787, held in Philadelphia and 1865, only Maine, New Hampshire,

Vermont, Rhode Island and Massachusetts permitted blacks to vote on equal terms with whites.All the other states at one time or another barred black Americans from the polls.

Nonetheless, free blacks in New York, Ohio, Pennsylvania and other states protested very loudly against their dis­ franchisement.

Although some blacks enjoyed the right to vote before the Emancipation Proclamation and the Fifteenth Amendment, no black man was elected to any important office except

John Mercer Langston who was elected clerk of Brownhelm

Township, Lorain County, Ohio in 1855.^^ He then became the first black to win elective office in the history of the United States, but with the termination of the Civil War there came an expansion of the suffrage for blacks, and new opportunities to fill both high elective and appointive office. Consequently, the right to vote for many blacks came only after the passage of the 13th, 14th and 15th amendments; while aimed primarily at the South, these amendments affected, or were to affect, the entire nation politically--there were several Dbrthern states in 1867 that denied the suffrage to black people. Included in this category were the states of Michigan, New York, Connecticut,

Wisconsin, Minnesota, Kansas and Ohio.^'^ IVhile blacks were holding public office on several levels in politics and government in the South, they were not similarly situated in the North, with the exception of Massachusetts, the first state to elect blacks to its legislature.^*^ Edward G.

Walker and Charles L. Mitchell were thus elected to the

Massachusetts State Legislature in 1866; three years later in Ohio, the suffrage was extended to blacks (1869), after having been defeated by a popular vote on a constitutional amendment in 1867. When the Fifteenth Amendment was first presented in the Ohio General Assembly, it was not ratified-- after a short period this refusal was reconsidered and the amendment passed through the Senate by a slender margin of

19 to 18.25 Therefore, it was by a margin of one vote that blacks won the suffrage in Ohio. A year later in 1870, black delegates attended the Republican State Convention events that contributed toward setting the stage for the election of blacks in Ohio to the state legislature--to become a reality within the decade thereafter.

Black Membership in the Ohio House of Representatives: The Pre-Contemporary Group

Seventy-seven years after Ohio became the seventeenth state and eleven years after suffrage was granted to black

Ohioans, the first black legislator, George Washington

Williams,^^ an attorney from Hamilton County, took his seat in the Ohio House of Representatives. He was elected in

1879 and took office in 1880. Williams was one of nine

Republicans, but the only black legislator comprising the

Hamilton County delegation; when he became a member of the

Sixty-fourth General Assembly in 1880, the Republicans held the majority in the House with 69 of the 114 member legis­ lature. This partisan breakdown further symbolized the strength of the Republican party in Ohio at the time when black voters became wedded to the party. This union was created because of the existing image of the Republican party

as "the party of Lincoln," who issued the Emancipation

Proclamation verbally freeing 4 million slaves; thus, it was

no great surprise that the first black legislator came from

the Republican ranks. As earlier noted, blacks had been

first permitted to attend the Republican State Convention as

full-fledged delegates in 1870. Furthermore, the first 40

27 black legislators in the Ohio House of Representatives

were Republicans. The pre-contemporary group--those who

served in the House in the past but are not current members--contained' 26 Republicans out of a total of 30 in

this group. Only in recent times (the 1960s) has the partisan picture changed directions, as will be discussed

later in the chapter. Since George Washington Williams was

elected in 1880, black legislators have served intermit­

tently in the Ohio House of Representatives to date.

Table 1 illustrates this representation.

It is revealed in Table 1 that the largest number of

black legislators to serve at any one time, save the 107th

General Assembly (1967-1969), was three; for example, three

black legislators served together in the House in the years

1886, 1894, 1896, 1942 and 1946— the 1967 membership

numbered 9 and represented a departure from the trend, but

it is not clearly illustrated on the table due to the fact

that some of those members are included in the contemporary

group, composed of those ten black legislators who are

members of the Ohio House in 1971. Thus, it can be con­

firmed that the black membership in the House did not reach

group proportions until the 1960s when the advent of re­

apportionment augmented black representation in that body.

In the occupational groups listed in Table 1,

attorneys lead with 43 per cent, i.e., 43 per cent of all

black legislators who served in the Ohio House in the past • TABLE 1

PRE~œNTEMPŒARY BLACK LEGISLATORS IN THE OHIO HOUSE OF REPRESENTATIVES^

Session Occupation County Party

64 th George hashington Williams Attorney Hamilton Republican 1880-1882

65th John P, Green Attorney Cuyahoga Republican 1882-1884

67th, Jere A . Brown Carpenter Cuyahoga Republican 1886-1388 68 th and Joiner 1388-1890

67th Robert Harlan Horseman Hamilton Republican 1886-1888

67th Benjamin W. Arnett Clergyman Greene Republican 1886-1888

68th William H. Copeland Market Hamilton Republican 1888-1390 Master

70 th George H. Jackson Attorney Hamilton Republican 1892-1894

71st Samuel Hill Clerk Hamilton Republican 1894-1896

71st, Harry C„ Smith Editor- Cuyahoga Republican 1894-1896 72nd Publisher 1896-1898 74th 1900-1902

71st William H. Clifford Cuyahoga Republican 1894-1896 73rd 1893.-1900

William H. Parham Attorney Hamilton Republican 1396-1898

72nd William R, Stewart Attorney Mahoning Republican 1896-1898 73rd 1898-1900 TABLE 1 ( c o n t in u e d )

Session Name Occupation County Party Dates

75th George W. Hays U.S» Court Hamilton Republican 1902-1904 70 th Crier 1904-1906

701 h H. T. Eubanks Barber Cuyahoga Republican 1904-1906 78th 1909-1911

83rd A. Lee Beaty Attorney Hamilton Republican 1919-1921

S4th- Harry E. Davis Attorney Cuyahoga Republican 1921-1923 87th 1925-1927 1923-1925 1927-1929

88th Perry B« Jackson Attorney Cuyahoga Republican 1929-1931

90th, Chester K. Gillespie Attorney Cuyahoga Republican 1933-1935 95th 1943-1945

91st R. P, McClain Physician Hamilton Republican 1935-1937

94th David D. Turpeau Clergyman Hamilton Republican 1941-1943 95th 1943-1945 97th 1947-1949

95th Sandy F, Ray Clergyman Franklin Republican 1943-1945

96th Jacob Ashburn, Sr. Clergyman Franklin Republican 1945-1947

97th Francis E. Young Attorney Cuyahoga Republican 1947-1949

97th William B. Saunders Attorney Cuyahoga Republican 1947-1949 TABLE 1 (co n tin u e d )

Session Name Occupation County Party Dates 99th- Frederick Bowers Real Estate Montgomery Republican 1951-1953 100th 1953-1955

99th- A, Bruce McClure Attorney Hamilton Republican 1951-1953 101st 1953-1955 1955-1957 105th, Carl B. Stokes^ Attorney Cuyahoga Democrat 1963-1965 106 th 1965-1967 107th- William F. Bowen Insurance Hamilton Democrat 1967-1969 100 th 1969-1971

107th- Thomas E. Hill Salesman- Cuyahoga Democrat 1967-1969 108th Printer 1969-1971

107th- Phillip M. DeLaine Ex- Cuyahoga Democrat 1967-1969 103th Policeman 1969-1971

^Information on the 30 black legislators included in the pre-contemporary group came from a number of sources. Soma of the more important ones are: Charles H. Wesley, Negro Americans in Ohio; A Sesquicentennial View (Wilberforce: Central State College, 1953); James H. Rodabaugh, op, cit. ; Luella G, White, ejt , "Dis­ tinguished Negroes in Ohio," Negro History Bulletin, V (May, 1942), 174-176, 184- 186; an autobiography by John P. Green, Fact Stranger Than Fiction (Cleveland: Riel Printing Company, 1920), especially chapter 8 ; William J. Simmons (edo), Men of TABLE 1 (co n tin u e d )

Mark; Eminent, Progressive and Rising (New York; Arno Press, 1968); 1971 Negro Business Directory of Akron (East Akron: The Christian Home, 1971); Russell Davis, "Memorable Negroes i“n Cleveland’s past (Cleveland; The Western Reserve Historical Society, 1969); Ohio House of Representative Membership Directory, 1803-1965-66 (Columbus; The Ohio House of Representatives, 1966); W h o ’s Who in American Politics, 2nd e d . , 1969-1970.

Mayor of Cleveland, he was one of the most influential black legislators to serve in the House during the 1960s, 45 were attorneys. This factor jibes v;ith the trend in state legislatures which has shown a tendency for lawyers to predominate in the membership because of their special training, skills and the prevalent public view that the legal profession is the most legitimate source of public leadership.^® Clergymen came next representing only 13 per cent of the pre-contemporary group; this may be somewhat of a surprise given the traditional role of the black minister as a political leader; the remainder of the professions show a scattering devoid of any special significance in terms of occupational trends. In addition, the two largest urban counties in Ohio accounted for the largest percentage of the group; Cuyahoga County supplied 43 per cent and

40 per cent came from Hamilton County. And Republicans constituted 87 per cent of the group's membership, with the

Democrats accounting for only 13 per cent. Thus, the data contained in Table 1 enables one to gain a clearer view of some of the characteristics of black legislators who served in the House in past years.

This chapter has treated some of the historical

factors that accounted for the emergence of black represen­

tation in the Ohio House of Representatives. For this

purpose the early legislative developments, along with

black suffrage and political participation v/ere delineated;

these efforts provide essential background data for treat­

ment of the ten contemporary black representatives in the House of Representatives. Footnotes for Chapter II

1. Francis R Aumann and Harvey Walker, The Govern­ ment and Adii^inistr at ion of Ohio (New York: Thomas Y. Crowell Company, 1956), p. 52.

2. David Lindsey, Esther Davis and Morton Biel, An Outline History of Ohio (Revised ed.; Cleveland: Howard Allen, Inc., I960), p. 34.

3. Aumann and Walker, op. cit., p. 5; Albert Henry Rose, Ohio Government : State and Local (St. Louis: Educa­ tional Publishers Incorporated, 1953), p. 228.

4. Williams H. Eells, Your Ohio Government (4th ed.; Columbus, Ohio: Midwest Law Printers, Inc., 1960), p. 5.

5. James P. Griffin and John W. Smith, Ohio; The State and Its Government (New York; Oxford Book Company, 1944), p . 11.

6. Rose, o^. cit.

7. Wilbur H. Sibert, The Government of Ohio (New York: The Macmillan Company, 1904), p. ~23.

8. Aumann and Walker, o£. cit., p. 53.

9. James Rodabaugh, "The Negro in Ohio," Journal of N^gro History, XXXI (January, 1946), 14. There is no satis­ factory history of blacks in Ohio; however, one collection devotes some space to delineating the forces moulding this subject. See: Carl Frederick Wlttke (ed.). The History of the State of Ohio (6 vols.; Columbus, Ohio: Ohio State Archaeological and Historical Society, 1941-1944).

10. Frank U. Quillin, The Color Line in Ohio (New York: Negro Universities Press, 1913), p. 21.

11. J. Reubin Sheeler, "The Struggle of the Negro in Ohio for Freedom," Journal of N^aro History, XXXI (January, 1946), 208-226. —

12. Quillin, o£. cit., p. 23.

13. Rodabaugh, op. cit ., p. 15.

14. Aumann and Walker, o£. cit., p. 54. 15. Griffin and Smith, og. cit. , p. 18. The General Assembly was able to prohibit” this alteration for more than forty years by the method of holding an adjourned session in the alternate years when regular sessions had not been scheduled.

16. William R. Collins, Ohio: The Buckeye State (Englewood Cliffs: Prentice-Hail^ Inc., 1968), p. 280.

17. Ibid.

18. Legislative Service Commission, A Guidebook for CSiio Legislators (Columbus: Legislative Service Commission, 1970), p. 1.

19. Collins, o£. cit.

20. Sheeler, op. cit., p. 220,

21. See G. James Fleming, "The Negro in American Politics: The Past," in John Preston David (ed.), The Negro Reference Book (Englewood Cliffs; Prentice-Hall, 1966), p. 417.

22. Ibid., p. 418.

23. Harry A. Ploski and Roscoe C. Brown (ed.), The Negro Almanac (1st ed . ; New York: Bellwether Publishing Company, 1967), p. 11; Fleming, 0 £. cit., p. 418.

24. Fleming, ibid., p. 423.

25. Rodabaugh, o£. cit., p. 19.

26. Journal Herald, Ohio Almanac 1970, p. 350.

27. George Washington Williams was also a minister, a historian and the author of two books. The books were: History of the Negro Race in America, 1619-1880 (2 vols,; New York: G. P. Putnam and Sons, 1883); History of the Negro Troops in the War of Rebellion, 1861-1865 (New York: Harper and Bros., 1888). Some useful information about the accomplishments of the author may be found in: John Hope Franklin, "George Washington Williams, Historian," Th£ Journal of Negro History, XXXI (January, 1946), 60-9Ù; William Coyle (ed.), (5hTo Authors and Their Books, 1796- 1950 (Cleveland: The World Publishing Company, 1962). 28. David R. Darçje, "The Lawyer as Décision-Maker in the American State Legislature," Journal of Politics, XXI (August, 1959), 408-433; Louise Rutherford, "Lawyers as Legislators," Annals of the American Academy of Political and Social Science, CXCV (January, 1938), 53-61. CHAPTER III

THE BLACK LEGISLATORS; SOME INDIVIDUAL CHARACTERISTICS

Ecological Origins

There have been numerous tabulations of the occupation, age, income level and similar characteristics of members of various legislative bodies in the United States; this work is rooted in the presumption that the legislator’s behavior is influenced by his social background.^ The social char­ acteristics of constituencies have also been found to play a major role in shaping the behavior of the legislator.

Therefore, this chapter aims to explore the background characteristics of the black legislators in the Ohio House of Representatives, giving attention to such factors as place of birth, father's occupation, the legislator’s occupation, age, constituency, residence in district, role perception and other similar characteristics. In essence, the efforts in this chapter are directed at determining:

V/ho are the black legislators? VJhexe do they come from?

What kind of constituencies do they represent? What are their socio-economic characteristics?

The typical American legislator is usually a "local boy," and legislative careers in the United States are 50 usually closed to newcomers in the community. A small town or rural heritage and long residence in the community

tend to confer representative legitimacy upon aspirants to legislative office in this countryThe ten black legislators in the Ohio House fit most of this pattern, except their heritage reflects more of an urban setting

than the above stipulations. Their places of birth reveal a scattered picture, e.g., 40 per cent were born in the

Midwest; 40 per cent in the South; 10 per cent in the

Central United States ; and 10 per cent in the East, In growing up, the interview information revealed that 80 per

cent spent this time living in the city, and the same per­

centage in the Midwest. Only 10 per cent spent roost of

their time growing up in a small town; and 10 per cent grew

up in the South. This data shows evidence of the tradi­

tional black migration characteristic of the black popula­

tion since the early 1900s, i.e., 40 per cent of the black

legislators were born in the South, but apparently migrated

to the Midwest at an early age. All of the black legis­

lators are long-time residents of their district, as is

shown in Table 2. The results recorded below were derived

from responses to an interview question asking: How long

have you lived in your district?

It has been hypothesized, in addition, by students of

legislative politics that the political recruitment process

in the United States gives very disproportionate weight to THE BLACK LEGISLATORS’ LENGTH OF RESIDENCE IN THE DISTRICTS THEY REPRESENT

Length of Residence Number of Per in the District Legislators cent

All of your life 2 20

Eighty per cent of your life or over 30 years 3 30

20-29 years 2 20

10-19 years 3 30

Less than 10 years 0 0

those who come from middle class and upper middle class family backgroundsThe most frequently employed method to test this thesis has been through an examination of the occupation of the fathers of legislators.

Table 3 reveals a picture of the black legislator’s family background that deviates from the norm character­ izing most v;hite legislators in the same category. The average black legislator in the Ohio House came from more humble origins wherein the socio-economic status of the family was somewhat lower--the blue collar working class has the largest percentage of the occupations listed in Table 3.

None of the high status professions like law, medicine, teaching, engineering, etc., are listed among the occupa­ tions of fathers ox the black legislators. It can be OCCUPATIONS OF THE FATHERS OF THE BLACK LEGISLATORS IN THE OHIO HOUSE OF REPRESENTATIVES

Father's Occupation Number Percentage

Laborer 4 40

Farmer 2 20

Mortician 2 20

Businessman 1 10

Store Manager 1 10

appropriately deduced that the typical black legislator grew up with modest economic resources, and does not dup­ licate the white prototype in the middle and upper middle class described by Matthews and others who have examined the family backgrounds of legislative decision-mai

Then too, this economic predicament is indicative of the plight of the largest percentage of black Americans who have for a long time experienced a low socio-economic status because of racial discrimination. Only the 20 per cent listed as morticians may be considered anywhere near the middle class economic level due to the volume of business handled by practitioners of this profession, thus enabling them to live above the subsistence level. But still, the picture is one which reflects roarings from humble origins.

In addition, the average black legislator came from a 53 relatively large fami1y averaging approximately 6.1 persons; this factor helps to further e>cplain the economic environ­ ment surrounding the black legislator’s family background with greater insight. Consequently, the middle class and upper middle class are not overrepresented among the black legislators.

Political Socialization

Political socialization refers to the process by which one becomes inducted into the prevailing political culture.

It is concerned with the ways in which a person "comes to terras" with the roles and norms of the concentric poli­ tical worlds--local, regional, and national--into which he passes as he grows up.^ Further, it focuses on memorable experiences--in the family, school and primary group context of childhood and in some cases adulthood--that fashion ideals and give insight into the political aspects of life. Most often, the family environment provides an opportunity for the politicization of the individual, even though some legislators develop their interests in politics as adults, and some perhaps only after they have been elected to office; most begin to develop political interests at a time when they are greatly influenced by their families.^ Participation in school politics or engaging in the study of politics in school may lead to the 54 development of lasting political interests. Others become

interested in politics through involvement and participa­

tion in the activities of a political party, or campaign work, lobbying, or‘through other civic activity. Still

others are influenced by great events--wars, depressions,

or impressive presidential elections— which may cause one

to become interested in politics ; participation in

athletics may also foster political interests.

Black legislators in the House were asked, "When did

you become interested in politics?" Their responses reflect

the normal ingredients of the socialization process. The

responses of five black legislators contain the follov/ing

remarks ;

A. My interest in politics grew out of college athletics starting back in the 1930s. and I were good athletes, and we went from place to place meeting people— that’s what politics is, you know, meeting people. In addition, my athletic scholarship re­ quired me to work as a page in the Ohio House of Representatives where I gained a great deal of insight into the nature of politics.

B. As a teenager around 19 years of age, I had a high-school teacher who was running for the State Senate in Ohio; I used to help him distribute campaign materials, and I then became interested in politics.

C. As a kid around 10 or 12 years old, I used to attend political rallies in my neighbor­ hood where beer and hotdogs were served. I was excited by these rallies and likewise the mystics of politics. D. At 21 years of age, it became time for me to register to vote and choose a party. I then became interested in politics.

E. When F.D.R. was President during the 1930s, I can recall very vividly the charity lines, i.e., going with my mother to get food; the older folk were always talking about how F.D.R. was going to bring the country away from the bread lines. I always remembered

These remarks clearly illustrate the importance of forma­

tive experiences in the home, school and community that

are agents contributing to the induction of the individual

into the political culture.

Political Recruitment

Recruitment of candidates for political office is

another key variable to scrutinize in the process of un­

raveling the individual background characteristics of the

black legislators in the Ohio House of Representatives.

Our primary concern is with the factors accounting for the

black legislator reaching his decision to seek a seat in

the state legislature, i.e., the motives of the candidate

are explored. When one looks for a model of political

recruitment, the work of James David Barber provides a

useful frame of reference. Barber established three funda­

mental elements of political recruitment; motivation,

resources, and opportunities; accordingly, a political

candidate for public office may find it expedient to ask himself the folloiving questions before reaching a decision

to run for political office:^

1. Do I want to? (motivation)

2. Can I do it? (resources)

3. Do they want me? (opportunity)

The first question depends upon the characteristics

of the position being sought, for example, an individual

who is already involved in politics, say in his own

neighborhood or city, but not the holder of a political

office, may become motivated to run for the state legisla­

ture as a base of operations. If an individual is already

in public office he will have to choose between running

for a higher office or remaining in the present office and

continuing to serve in that capacity. There is a wide

range of motives that may underlie a candidate’s rationale

for pursuing public office ; however broad the range may

extend, an appraisal of this dimension is a lucrative

undertaking for engendering understandings relative to a

candidate's political career.

In the second case, relating to the question "Can I do

it" the potential candidate weighs his available resources

for the job. He attempts to determine whether he possesses

certain skills mandatory for the political office he seeks.

A candidate who possesses laudable oratorical skills could

consider this skill as an asset for the political office he 57 desires to be elected. If an individual has been an out­ standing athlete and thus became a well-known personality in the community wherein he is running, this resource may very well augment his chances for winning the election.

Hence, the person’s perception of the demands of the office on the resources possessed by him will be an important consideration in his reaching a decision.^

The third question: Do they want me? pertains to per­ ceived available opportunities. Contained therein are the desires and wishes of party leaders, friends, civic organ­ izations, and/or the general public. Then the candidate carefully weighs his chances of winning the office he seeks--he observes the ebb and flow of the political tides.

Calculations along these lines will depend a great deal on the pecularities of the political system within which the candidate is to be selected including the community’s population, stability, party balance and political values.®

As. a. result. Barber contends, if anyone of these factors are missing the potential candidate stands a chance of not being recruited. A knowledge of these three variables

are essential for gaining insight into political recruit­ ment.

The responses of the black legislators given to a question about their political recruitment jibes with

Barber’s model. Specifically, they were asked, How did you reach your decision to seek a seat in the state legisla­ ture? Representative responses included:

A. A lady professor from ^North Carolina Central University/ in Durham, North Carolina came to ______to speak at a benefit for the ______party, and she told everyone what a good job I had been doing in Iran setting up a program in athletics, et c . She spoke of how I had spread a good image for America and Ohio; she said, "This is the kind of person you should have in the state leg­ islature or in Congress." Afterwards the county chairman of the _____ party called and asked me to run. I thought about it for a while, and then I decided to run.

B. Around 1967, after I finished playing professional basketball, I became active in politics on the local level. There was some indecision in choosing a viable candidate from my district--this influenced me. I had kicked the idea around a lot before deciding. The party endorsement was strong and the _____ ÆewspaperY adopted the position that "we need a black poli­ tician representing us from this area." So I decided to run.

C. I became aware of the duties of a state legislator while campaigning for _____ who was running for office on that level. And I became aware of my own chances of winning a seat with the appearance of the one man, one vote decision in the re ­ apportionment cases.

D. It took a great deal of soul searching. The decision was based on the philosophy that I could better serve the people whom I had been working with in politics, already, by seeking a seat in the legisla­ ture.

E. When reapportionment came I had about 18 years of active work in politics, e.g., at the precinct level and with voter regis­ tration drives, etc., I then decided to

The above statements fit into Barber's model; some overlap with respect to categorization into motivation, resources,

and opportunity, but isolation of these distinct variables

can be realized through close examination.

In addition to the preceding material, it is

essential to note the sources of support black legislators

received in their campaign for seats in the legislature.

For example, the black legislators received their greatest

support from labor unions, 50 per cent; the parties, 50

per cent; civil rights groups, 40 per cent; and grassroots

community organizations, 40 per cent. Labor unions have

been prone to support civil rights legislation for a long

time and their support of the black legislators is indica­

tive of this continued alliance. The parties, too, gave

strong support to the black candidates; the backing of.

civil rights groups and grassroots community organizations

was to be expected, and the results verified this expecta­

tion. Significantly, the study found further that profes­

sional organizations and newspapers did not lend a great

deal of support to the campaigns of black legislators.

Constituency

Legislative studies have shown that constituency

exerts a dominant influence on the behavior of the typical representative. Therefore, in order for one to gain in­ sight on the external variables affecting the behavior of the legislator in the decision-making process in the legislative assembly, heavy consideration must be given to constituency factors. Each individual legislator elected represents a distinct geographical district with its own demographic characteristics; if the legislator expects to be reelected, he must consider the demands, requests, interests, etc., of those from the constituency that elected him. Most frequently there is a tendency for a legislator’s social attributes to almost invariably reflect the social values of his constituency.10 Both the local party and the constituency tend to select representatives who mirror the dominant social values of their district.

Therefore, the evidence promulgated through studying state legislatures confirm such social characteristics as race, religion, ethnic and national origin tend to deter­ mine who the representatives from a given constituency will be. Consequently, it becomes very clear, based on the patterns of residential segregation^^ existing in the society at large, that the black legislator is a product of the predominantly black constituency.^^ % e black legis­ lators in the Ohio House of Representatives basically conform to this pattern, save for a few variations.

According to the interview data, seven of the nine black Democrats in the Ohio House represent predominantly 61 black districts, viz., the range of the numerical black majority in these constituencies range from 60 to 90 per cent. In addition to these seven Democrats, one constit­ uency represented by a black legislator has an equal black- white ratio of 50 per cent, and in another the white popu­ lation is in the majority, the breakdown is 55 per cent white and 45 per cent black. On the other hand, the lone black Republican hails from a district 95 per cent white and

5 per cent black. Further, the constituencies represented by the nine black Democrats are urban areas, thus reflecting

the concentration of blacks in the "inner city," while the

district represented by the black Republican is suburban

in composition.^^

Precise socio-economic statistics pertaining to the

geographical districts encompassed in the Ohio House of

Representatives are unavailable and inaccessible for

utilization in this research; this is one of the major

problems one encounters in studying the state legislature.

There is no facsimile of the compilation of pertinent socio­

economic data for national congressional districts; there

is a significant need to similarly compile such data for

state legislatures. Nevertheless, given the nature of

problems characterizing most American cities, it can be

sufficiently ascertained that the nine black Democrats,

especially based on interview data, come from districts

wherein povertywelfare, unemployment and residential segregation are significant factors to contend with. Some of the major interests of black constituents as identified

by the black legislators in the course of the interviews

are listed below. They were asked, "How would you rank

some of the major interests of your constituents?" The top

ranking interests included:

1. Better housing 2. Improved educational facilities 3. Unemployment 4. Police protection 5. Increased welfare payments 6. Police community relations 7. Recreational and cultural activities 8. Transportation for the black community 9. Health services 10. General urban problems

Hence, these interests constitute the kind of issues black

legislators most often have to concern themselves with;

they are the most frequently articulated interests of the

constituencies represented by the black legislators. The

listing, particularly the items related to housing, un­

employment and welfare, symbolize major problems facing

black urban dwellers. Of particular significance is the

fact that the black unemployment rate (nationally), is

always double the white rate, and in some cities, the

unemployment rate is several times greater among blacks.

For example, the unemployment rate among blacks in the Hough

area of Cleveland is usually five times the rate for the

city as a whole. 63

In order to keep in tune with the pulse of the con­ stituencies they represent) the black legislators maintain much contact with their constituents. Regular speeches are made in their districts, and they receive mail from their constituents (varying with the issues involved), and most of their contact with constituents is informal in nature. Holding "open house" is one of the tactics em­ ployed by black legislators to find out constituency interests. This entails conducting open meetings period­ ically allowing constituents to express their interests and present grievances. Another tactic employed by the black legislators is contacting constituents on a one-to-one basis, by going to the bars, churches, etc., or simply

"conversing on the streets." Frequent attendance at neighborhood meetings is still another means of "finding out" what the people in their district want. But like all politicians who wish to be reelected, the black legislators consider a knowledge of their constituent’s opinions very imperative in determining the way they will vote on a given issue. In the words of one black legislator, this position was explicated when he averred, "I wouldn’t vote for any­

thing that wasn't good for my constituents." Thus, con­ stituency factors weigh heavily on the behavior of the

black legislator in the decision-making process. Role Perception

How the black legislators in the Ohio House of Repre­

sentatives view their roles in the legislature is fruitful

for exploration in the present investigation. Role analy­

sis has been utilized by political scientists as a fundamen­

tal unit for the analysis of the political behavior of a group such as the one under present scrutiny. Possibly more

than any other concept in the social sciences, the concept of role furnishes a model of the legislator (as an acting human individual), consistent v;ith the basic understanding of individual and group psychologyIt supplies a model of the legislature as an institionalized human group

logically incorporating the model of the individual legis­

lator and relating the behavior of legislators to problems

of legislative structure and functions— these are tradi­

tional concerns for students of the legislative process.

For purposes of the current research, social role is

defined as an organized pattern of expectancies that relate

to the tasks, demeanors, attitudes, values and reciprocal

relations to be maintained by persons occupying specific

membership positions and fulfilling definable functions in

any group.The basic concern of this attentiveness to

role analysis in the office of the legislator is a clearly

recognizable position, since legislators and many other

persons in society associate certain norms of behavior with 65 these positions. 10 study the role of the legislator then is to study a particular set of norms that underlie relevant legislative behavior.

The concept of role is additionally functional to the problem of defining boundaries of the legislative system and may be said to set the limits of the legislative role system. Since there are present boundaries, actors in the legislative system become prone to role conflict. This happens because:

Many relationships are not structured unipolar roles alone. In most cases, a role is at the core of several other roles mal

Any study of legislative roles should wisely consider the various role conflicts in analyzing legislative bodies.

Significantly, legislators begin to acquire role orienta­

tions only at the initiation of their legislative careers.

In these regards, it has been maintained that:

Each legislator to be possesses some sort of "role" potential," according to the attri­ butes, roles and other personal character­ istics shaped by such demographic variables as age, sex, ethnic group, religion and socio-economic status, and by such "ecological variables” of his salient environments, par­ ticularly his state and his legislative dis­ trict, as size and density of population, political character and socio-economic character 67 conflict v.âth his personal judgment or principles; and the politico is the legislator who assumes both the role of the trustee and delegate at one time or another and seeks to reconcile the two different orientations. In the author's estimation, A and E approximate the delegate role; B and D are trustees, while C symbolizes the politico role. None­ theless, the interview data showed a tendency among the black legislators to lean toward the delegate role--it is seemingly the dominant among these gentlemen. And they also reflect the image of the politicians who is signifi­ cantly "people oriented"; in other words, they mirror the politician who honestly and enthusiastically endeavors to represent the interests of the people in their districts.

Since the needs of the black community are numerous due to centuries of racial oppression and discrimination, the black legislator has to perform a number of additional roles for his black constituents such as those of counse­ lor, social worker, domestic relations arbitrator, etc.

In essence, this means the black legislator is expected by his constituents to perform whatever services need to be performed.

Attention is now directed to other individual characteristics of a more specific nature. Encompassed v/ithin is background data relating to the district, county,

age, party, tenure, occupation, and education of the con­

temporary group of black legislators. It is shown in Table 4 that the black legislator is a product of the pre­ dominantly urban counties in Ohio and likevrf.se those containing the largest percentage of black citizens in their boundariesData on age in the table registers

49.1 years as the average age of the black legislators; the average number of terms served by the black legislator is 2, and three of the black legislators are serving their freshman terms. A majority among the contemporary black legislators is held by the Democratic party due to the concentration of blacks in urban areas--one of the sources of strength of the party, and reapportionment re­ versed the trend previously favoring black Republican membership in the Mouse. Professions represented in the table don't give dominance to any one group, and coupled with the annual salaries received from their legislative chores, amounting to $12,750 annually, it can be surmised that the black legislators are located in the middle income bracket. Significance can also be attached to the fact that attorneys are not represented within the group; the possible reason for this is their potential for finding

’’greener pastures” elsewhere. All of the black legislators have had some college training, with six completing four years of college; three are business college graduates, one attended college, and six had some graduate school training; consequently, the educational dimension character­ istic of the group is typical of other legislators in Age Party Tenure^ Occupati<

David D. Albritton 05, Montgomery 55

Phale D. Hale 63, Franklin 56 Graduate; Morehouse College; Gammon Theo­ logical Seminary Troy Lee James 46, Cuyahoga 44 Graduate: Bethany College; ivestern . Reserve University; Fenn College Casey Jones 78, Lucas Graduate: Knoxville College; University of

William L. Mallory 72, Hamilton Graduate: Central State University; Xavier Uni­ versity; University of Cincinnati C. J. McUn, Jr. 88, Montgomery 40 Den. Graduate: Cincinnati School of Embalming; attended Virginia Union University TABLE 4 (continued)

District and Legislator ' Party Tenure^ Occupation Education

Ja m e s W. Rankin 69, Hamilton DO». Social Worker Graduate: Ohio State University

Larry Smith 42, Cuyahoga DO». 2 Real Estate- Graduate: Diamond Busi­ Insurance ness College, Fenn College

Ike Thompson 41, Cuyahoga D o«. Foreman Attended: Cleveland State College John D. Thompson, Jr. 44, Cuyahoga Real Estate- Graduate: Cleveland En­ Insurance gineering Institute; Fenn College

Sources: The 'Ohio General Assembly, Roster of •the Officers, Employees and List of Standing Committees of the Sonate and House of Representatives , 109th General Assembly , 1471-1972; Ohio Trucking Association . Ohio Trucking Na Government Directory, XX (January, 1971).

Age as of January 1971. 71

similar categories. Data of the nature supplied in Table 4 enables one to acquire greater insight into the behavior of

these legislators.

Two other notable variables apply to our survey of the

individual attributes of the black legislators. They are

the individual black legislator's perception of his own

influence and his perception of race as a factor affecting

his behavior in the legislature. In the first instance,

a definition of influence has already been constructed in

Chapter I. Here we need simply to ascertain the extent to which black legislators feel they exercise influence.

Representative samples appear below:

A. It's difficult for a minority within a minority to exercise influence. You have to identify allies and enemies. You have to constantly articulate the needs and interests of your constituents through an educational process. Some of my col­ leagues don't understand the meaning of welfare, e.g., welfare is nothing more than a mother with an infant child who needs help, i.e., you have to educate your colleagues.

B. Yes, influence is used through one’s posi­ tion, i.e., the power to persuade with votes through an organizational power-base in the community. The value of your vote in the House is important--other legisla­ tors seek it. This is influence.

C. I represent a voice, i.e., a segment of the state that is demanding to be heard. I pair off with legislators of unlike views and try to convince them to adopt my views. D. Yes, I use influence to get jobs; black legislators have to supply pressures to get jobs for blacks. % have had to fight to get black persons in cabinet posts.

E. Every representative is influential because he controls a vote. Your influence becomes greater when you establish creditability and integrity with other members of the House.

All of the black legislators viewed their position in the legislature as one wielding influence, only with the understandable exception of one freshman who noted, "Nat at this point, I am only a freshman." In addition to the above manifestations of the influence exercised by indivi­ dual black legislators, there are also positions of influ­ ence held by black legislators in the House. The black

Republican is the sole black committee chairman and he has the most seniority of any black legislator. Both contribute to his use of influence. Another black legislator is a minority w’hip, a position considered to symbolize influence, especially with party members. Two black legislators are secretaries of committees on which they hold membership, but they didn't consider these positions very influential.

And for the first time, a black legislator has been

appointed as the governor's advisor on minority group

affairs; this position is vested with considerable influ­ ence. Based on the aforementioned reasons, v/e can affirm

that the black legislators do exercise influence in the

Ohio House. Concerning "race" as a factor affecting legislative behavior, the attempt is to ascertain v;hether the legisla­ ture duplicates the racial situation existing in the society at-large. Seventy per cent of the black legisla­ tors felt their racial identity did affect their behavior as legislators. The question asked was : Does race haiiiper your effectiveness as a legislator? Sample responses appear below :

A. Yes, in the spirit in which I act; if I were white, I could and would be able to accomplish more.

B. In my opinion, no. I believe that facts outweigh race. I try to find the factual elements underlying issues; I don't protect the racial thing. There are other situa­ tions more important.

C. Any person who shov;s up is thrown into a black bag, i.e., blacks are hampered any­ where in the country, so the legislature is no exception.

D. There is no question that it does. . . . Because one is in the legislature doesn't make him any fairer. He renders decisions based on peoples’ wishes in his district.

E. It's not to the degree that it is in the total society. In politics, I have a vote and it doesn't make any difference whether I am black or white--they want my vote.

On the other hand, all 16 of the white legislators were asked the same question: 75 per cent contended race was no barrier to the black legislators in the House; the other 25 per cent saw race as a barrier. A representative set of responses were : A. In past years, yes; but now, no. Blacks and whites in the legislature are all alike— it’s beautifulÎ

B. I would say this--if there were a black running for the ___ position, he would be on even keel with anyone else. But there would be some members ivho would react negatively because he's black. How many? I don't know.

C. Race is no problem in the House. But I realize that the problem is serious in the society as a whole.

D. Race is not a barrier on the floor. There is less prejudice and discrimination in the legislature than anywhere else. . . ,

E. Race is no barrier to any group. In practi­ cal politics, you have to be with the majority.

F. I don't see any barrier in the House. . . . There may be some discrimination in private clubs in the city.

G. Race could be considered a barrier. If there was a position open and one white man ran against one black member, the white would win. . . .

H. Yes, only v/ith a prejudiced legislator, i.e., the same as it is on Main Street, U.S.A. How many? I don't know.

I. There are three groups that are despised in American society: blacks, Catholics, and Jews. I think that it's a strike against you if you're born black, and if you're poor, that's another strike. It doesn't always come out, but it's there.

These disparities and suspicions shown in these analy­ ses symbolize the racial conditions existing in American society as a whole ; election to the state legislature does not rid the individual of his existing biases and preju­ dices , for the legislature is merely a microcosm of the 75 larger society. The range of racial myths, suspicions and tensions apparent in the larger society are likely to find way into the legislative halls, but the extent to which race is a factor is not the same as in the larger society--the role of the legislator puts him in a position in which he is expected to behave toward others in a fair and tolerant manner. He cannot succumb to blatant acts of racism that are likely to occur in society at large.

Hence, the evidence found in the investigation leads to the conclusion that the state legislature is not completely free from racial discrimination; in other vjords, the black legislators conceive race to be a factor in their relations with colleagues and subsequently this image affects their behavior in the legislative chambers. Black legislators have sometimes been denied privileges accorded to their white colleagues in private clubs in the city.^^

The spirit of the efforts exerted in this chapter point to the contention that in order to understand the legislative behavior of a particular group of decision­ makers, one needs to examine background factors such as county, district, age, tenure, party, and education; since the average black legislator comes from a constituency that is urban, Democratic, and has a heavy concentration of black inhabitants, it is expected that he will direct a great deal of his attention to issues appertaining to this set of conditions. This is not to say that the black 76 legislator will not be concerned vdth a host of other issues,as is any other legislator, but issues pertinent to the black community are likely to receive wide atten­ tion from these individuals--especially the nine black

Democrats.

In the chapter that follows, the black legislators in the Ohio House of Representatives will be treated as an informal group; among the dimensions delineated will appear some of the issues the black legislators have dealt with as a group during the 109th General Assembly, Footnotes for Chapter III

1. See Donald R. Matthews, U. S. Senators and Their World (New York: Random House, Inc., 1960) ;~ÎDonalci R. Matthews, The Social Background of Political Decision- Makers (New York: Doubleday, 1954); Charles S- Hyneman, "Who Makes Our Laws?" political Science Quarterly, LV (December, 1940), 556-5S1; Hei'nr Eulau and John C. Wahlke (eds.), Legislative Behavior: A Reader in Theory and Research (Glencoe, Illinois: The Free Press, 1959), p. 239.

2. Malcolm E. Jewell and Samuel C. Patterson, The Legislative Process in the United States (New York; Random House, 1966), p. 103.

3. Ibid., p. 104; Matthews, U. S. Senators and Their World, o p . cit. , p. 19.

4. See Dv/aine Marvick, "The Political Socialization of the American î'fâgro," in Harry A. Bailey, Jr. (ed.), Negro Politics in A norica (Columbus, Ohio; Charles E. Merrill Books"' inc., 1967), p. 35.

5. Jewell and Patterson, o£. cit., p. 105.

6. James David Barber, The Lawmakers (New Haven: Yale University Press, 1965), p. 11.

7. Ibid., p. 12.

8. Ibid., p. 13.

9. See Lewis A. Froman, Jr., Congressman and Their Constituencies (Chicago: Rand McNally and Company, 1963) ; Helen Ingram, "The Impact of Constituency on the Process of Legislating," The Western Political Quarterly, XXII (June, 1969), 265-2791 Warren E, Miller and tonald E. Stokes, "Constituency Influence in Congress," American Political Science Review, LVII (March, 1963), 45-56; Charles L. Clapp, The Congressman: His Work As He Sees It (Wash­ ington, D.C.: The Brookings Institution, 1963).

10. Herbert Jacob and Kenneth N Vines (eds.). Politics in the American States (Boston: Little, Brown and Company, T9"55y,“p"."il5.

11. See Karl E. Taeuber and Alma F. Taeuber, Negroes in Cities (Chicago: Aldine Publishing Company, 1965). 12. Jacob and Vines, 0 £. cit., p. 166.

13. For an analysis of the breakdown of urban, rural and suburban districts in the Ohio House, see Charles VJillieun Chance, "An Analysis of Legislative Agreements: The Case of Ohio" (unpublished Ph.D. dissertation, the Ohio State University, 1970), pp. 114-120.

14. Three of the black legislators represent hardcore poverty areas.

15. See Whitney Moore Young, Beyond Racism; Building an Open Society (1st e d . ; New York: McGraw-Hill, 1969), p. 25.

16. John C. Wahlke, Heinze Eulau, William Buchanan and LeRoy C. Ferguson (eds.), The L egislative System: Explora­ tions in Legislative Behavior (Nev/ York: John Wiley and Sons, Inc., 1962), p. 8.

17. Eugene L. Hartley and Ruth E. Hartley, Fundamentals of Social Psychology (Ifew York: Alfred A. Knopf, 1955), p. 486; see also discussions or role analysis contained in rfeal Gross, - Explorations in Role Analysis (New York: John Wiley and Sons, Incorporated, 1953); Allen Fi.ellin, "Recruitment and Legislative Role Conceptions: A Conceptual Scheme and a Case Study," Western Political Quarterly, XX (June, 1967), 271-287.

18. Wahlke and Eulau, op. cit.

19. Heinz Eulau, The Behavioral Persuasion in Politics (New York: Random House, 1963), p. 41.

20. Wahlke, a l ., op. cit. , p. 23.

21. Ibid.

22. See The Columbus Dispatch, June 7, 1971. Contained in this article entitled j "Ohio 'Black Population Given," is a breakdown of the most recent population figures from the 1970 Census revealing the largest concentration of the black population in Ohio. The report noted that the half- dozen Ohio counties with the largest black population are Cuyahoga, 328,419; Hamilton, 145,294; Franklin, 104,387; Montgomery, 83,672; Lucas, 54,694; Summit, 51,622. 23. Sixty per cent of the black legislators indicated in the interview they possessed state-district constitu­ ency role orientation, meaning they are interested in issues essential for the well-being of the citizens in the state as a whole, as well as those in their district.

24. See The Columbus Dispatch, July 28, 1971. CHAPTER IV

THE BLACK LEGISLATORS AS AN INFORMAL GROUP IN THE OHIO HOUSE OF REPRESENTATIVES

The Ohio House of Representatives, like similar repre­ sentative bodies, reflects a "group life" and encompasses a set of group norms. Informal groups arc consequently nurtured within the chamber’s environment. Legislators who possess similar interests, constituencies, political ideologies, professional skills, committee memberships, socio-economic backgrounds, etc., have a tendency to identify with informal groups that symbolize these distinct charac­

teristics. As a consequence of these factors, the main purposes of this chapter are to sketch the fundamental

structural and procedural dimensions of the House ;^ to

ascertain the black legislators' status as an informal group

and give attention to the kind of issues and projects with

which these legislators are involved.

Within the House of Representatives the black membership

includes 9 Democrats and 1 Republican. Accordingly, this

membership constitutes 10.1 per cent of the total House

membership; and the 9 black Democrats also comprise 20 per

cent of their party's membership. The lone black Republi­

can accounts for only 2 per cent of the Republican party's 81 membership in the House. Comparatively, blacks make up approximately 9 per cent of the population of the State of

Ohio, while there is slightly in excess of 10 per cent black membership in the House.

The leadership echelon in the Ohio House of Represen­ tatives consists of the Speaker, the party leaders and the committee chairmen. In this hierarchy, the Speaker is the hub of leadership activity in the House; he maintains liaison with the Governor (when he is of the same party) and the state party chairman. He can control the calendar through the Rules Committee and keep tab on and influence committee action through the chairmenSelection for this prestigious position is usually determined by a majority party caucus soon after the election in November preceding the legislative session. He usually has vast opportunities to determine the fate of legislation through his choice of committee appointments, i.e., he may be under consider­ able pressure from organized groups to pack certain committees with members sympathetic to those interests.^

Similar circumstances may enable a strong presiding officer

. . . to place on certain key committees men who can be depended on to support the party, faction, or interests to which the presiding officer belongs.^ Aside from his formal control over the appointment of committees and assign­ ment of bills to them, the Speaker in some states exercises considerable power in presiding over the House; specifically, the Speaker on occasion may recognize some members and ignore demands for a roll call, or exercise wide discretion in judging voice votes, . . in the absence of the

Speaker, the Speaker Pro Tempore exercises all of his rights, duties, privileges and responsibilities. The

Speaker and Speaker Pro Tempore are assisted in the per­ formance of their leadership responsibilities by the Majority

Floor Leader and the Assistant Majority Floor Leader.

The Majority Floor Leader often assists the Speaker in planning committee assignments and developing legislative strategy; on the floor he manages the administration’s bills.^ Chief spokesman for the minority party is the

Minority Floor Leader; he is assisted in mapping party strategy by the Assistant Minority Leader and the Minority

Whip; these are chosen by the minority party prior to the opening of the legislative session.

Standing committee chairmen and permanent subcommittee chairmen form the remainder of the leadership strata in the

House, As in most legislative bodies, the bulk of the work in the House is done in standing committees, consequently these committees take on added significance. All members in the House serve on some committee, most serve on at least two ; the Speaker, majority and minority floor leaders serve on the Rules Committee and are ex-officio members of all other committees in the House. Assignment to these commit­ tees by the Speaker is usually predicated on the interests, qualifications, seniority and party affiliation of the legislators. Where possible, the party leaders try to ful­ fill members' desires for assignment; since the Republican party is in the majority in the House in the 1971 House of

Representatives 5 ail committee chairmen and vice-chairmen are Republicans. Minority representation on committees corresponds to the proportion of the total membership con­ stituted by the minority party. Table 5 lists the standing committees in the Ohio House during the 109th General

Assembly and their black membership.

The most significant factor emerging from the table is that the largest percentage representation of blacks on any committee is on Health, Education and I'jelfare ; this results

from both interest and necessity because of the significant percentage of blacks receiving public assistance. Black

legislators also indicate a keen interest in the problems

of the city. This helps account for their relatively large

representation on the committees on Local Government and

Urban Affairs; the Committee on State Government has rank­

ing black representation for similar reasons. Black legis­

lators are underrepresented on the Finance-Appropriations,

Reference, and Rules Committees. A black member served for

the first time during the 108th General Assembly on the Rules

Committee, but he was not reappointed in the 109th General

Assembly since he supported the losing candidate for the

minority leader position in the Democratic party. Conse­

quently, the winner of the contest decided to select his TABLE 5

STANDING COMMITTEES IN THE OHIO HOUSE OF REPRESENTATIVES^

No, of For cent Committees and Chairmen No» of Black Black Members Legislators Membership Agriculture, Commerce and Labor 18 1 6 Hov7ard A. Knight

Subcommittee on Agribusiness Ralph Welker 5 0 0

Environment and Natural Resources Kenneth Creasy 19 0 0

Finance-Appropriations Lloyd George Kerns 22 0 0

Health, Education and Welfare Norman Murdock 22 4 18

Highways and Transportation Gordon M» Scherer 19 2 11

Insurance, Public Utilities and Financial Institutions Robert E, Nstzley 21 2 10

Interstate Cooperation David D» Albritton^ 7 1 14 TABLE 5 ( c o n t in u e d )

No a of Per cent No, of Committees and Chairmen Black Members Legislators Member ship

Judiciary Joseph P» Tulley 19 I 1 5

Local Government and Urban Affairs Jsiuss Thorpe 1 9 3 1 6

Reference Keith McNamara 1 1 1 9

Rules Charles F, Kurfess 1 3 0 0

State Government Robert A. Manning 2 2 3 1 4

Subcommittee on Elections Frederick N« Young 5 0 0

^ys and Means E e W o Lampson 1 7 2 1 2

^Sources: The Ohio General Assembly, Roster of the Officers, Employees and List of Standing Committees of the Senate and House of Ropresentatiyes, lQ9th General Assembly ll"70-“197X (Columbus: The Ohio General Assembly, 1971); Ohio Trucking Association, Ohio"lrrucking Nows: Government Directory, }& (January,

The only black chairman» own man, thus eliminating black membership from this com­ mittee.^

The Rules Committee and the Reference Committee, be­ cause of their functions and powers, a.re rated the most influential in the House. The Rules Committee is chaired by the Speaker and is basically a "screening committee"; bills referred to the House are sent to this Committee for placement on the agenda. As a result, it can determine the life or death of a bill, l^on investigation, one finds that the Reference Committee is basically an innovation of the Ohio House of Representatives. As far back as 1921, the House of Representatives of the Ohio General Assembly established a committee of eight members (now eleven), whose duty it was to scan all bills introduced for the purpose of determining whether they were frivolous or irrele­ vant, not introduced in good faith, or duplications of existing law.^ The Reference Committee still performs this function in the Ohio House. In the process, it relieves the Speaker of this chore he would otherwise have to per­ form, and power in this committee is virtually exercised by the chairman, who has the power to control the com­ mittee's agenda. Generally, the committee reviews proposals, ascertains content and assigns them to an appropriate stand­ ing committee without too much ado.^ For these reasons, black membership on these committees would enhance their influence. 87

Bills introduced in the House require three readings before passage, and a majority vote of those present and voting is necessary for the successful passage of a bill before the Ohio House of Representatives. Each bill intro­ duced in the House is referred to the appropriate standing committee before it eventually goes on the floor for a vote.^^

It is the standing committee's function to hold public hear­ ings, amend and favorably report or eliminate a bill.

When referred to the appropriate standing committee, the following action may be taken on a bill

(1) postpone consideration indefinitely, thereby

defeating it;

(2) recommend passage of the bill as introduced;

(3) offer amendments and recommend passage after

adoption of the amendments;

(4) recommend a substitute bill ; or

(4) allow a bill to die in committee without any

action.

In addition to the standing committees, subcommittees,

conference committees and joint committees or investigating

committees are employed to perform special tasks desig­

nated by the House.

The House also possesses the sole power of impeachment,

and a majority of the membership must agree in the proce­

dure; after impeachment action is taken in the House, it

becomes the duty of the Senate to conduct a trial. A two- thirds vote is necessary for conviction.

The Informal Group Configuration

The interview data confirmed the existence of informal groups in the Ohio House of Representatives. Fifteen of the white legislators queried about informal groups ack­ nowledged their existence in the House. These informal groups include occupational groups such as teachers, lawyers, farmers, etc.; ideological groups (liberals and conservatives); county delegations (especially Cuyahoga and

Hamilton--they are the largest two counties); committee members (Judiciary, etc.); leadership strata (committee chairmen and advisors to the Speaker); geographical groups

(urban, rural and suburban), and a racial group (the black legislators). As is readily observable, identification with these informal groups overlap, i.e., a legislator may

be associated with more than one informal group. Basically,

these groups become apparent when there is legislation

affecting their interests pending in the House. One legis­

lator made the point when he stated, "There are several

^Tnformal group^Z; we don't identify them as such, but we

know they’re out there." They usually assemble privately

without a great deal of fanfare, but may voice their senti­

ments, pro or con, on issues affecting them, without

publicly revealing the group’s identity as such. From an

examination of the informal group configuration, it is concluded that the teachers are pro-school legislation; the conservatives are anti-welfare; the liberals are pro­ legalized abortion, pro-civil rights legislation, pro-

18-year-old voting, etc. The farm group was once referred to as "The Cornstalk Brigade"--this group existed in the

House a few sessions before the current 109th General

Assembly; they represented the rural and farming interests, but their group strength declined due to the impact of re­ apportionment which reduced their numbers. The county delegations are known to assemble frequently when there is legislation before the House pertinent to their interests,

and so do the urban, rural and suburban legislators--they

are invariably contained already in the county delega­

tions. The members of the Judiciary Committee, v/ho are

mostly lawyers, skilled in legal principles, are drawn

together because of the group's possession of legal exper­

tise. And the black legislators, due to a long history of

racial discrimination existing in the society at large,

feel impelled to assemble as an informal group to protect

and oversee "black interests. Hence, we can identify

the black legislators as one of the several informal groups

within the informal group configuration characteristic of

the Ohio House of Representatives. The Black Legislators: Their Status as an Informal Group

Foundations for the black legislators* status as an informal group are traceable back to 1967 during the 107th

General Assembly when the size of the black membership reached meaningful proportions for the first time in the history of the Ohio House of Representatives. Representa­ tives David Albritton and Carl Stokes were the only blacks in the previous general assembly, but with the adoption of the new plan of reapportionment, seven other black legis­ lators were elected in 1966 and took office in 1967. There were then 9 black legislators in the House; another black legislator was elected in 1968 increasing the number to 10 where it has since remained.

Mien the 7 black freshmen legislators entered the

House of Representatives in 1967, there were, at that time, no House sponsored orientation sessions to acquaint new members with the rules and procedures of that body. There­ fore, because the black legislators had no previous legis­ lative experience, and since no concerted efforts were made by their colleagues to acquaint them with the duties of the job of a legislator, they first felt left out and bewil­ dered. One black legislator who entered with this group, remarked about the experience, ”îfc) one took it upon himself to point out directions for us, and we were, without a doubt, sometimes out of order because of the newness to us of this kind of experience." Emerging from this initial 91 experience, a ’^roup consciousness" developed among the black

legislators as they felt a need to organize their forces for

collective action directed at solving common problems and promoting mutual interests. Thus, during the course of the

107th General Assembly in 1967, the black legislators began

to meet informally to discuss legislation pending before

the House as it affected the interests of their constituents

and other common problems. There was never much fanfare

attending their meeting together; however, during the same general assembly, one black legislator voiced sentiments

publicly concerning the need to create a "black caucus"

among the black Democratic legislators.^^ Some of the

black legislators felt this idea conveyed a sanctioning of

the practice of "black separatism" in the legislative

chambers and they tended to disdain the whole idea.But

in spite of the debunking of this notion publicly by some

black legislators, members of the group continued to meet

informally whenever some pending legislation was conceived

valuable for black constituents. Additionally, the

practice of the black legislators getting together in the

House to discuss common problems can also be attributed to

the concurrent emergence of an organization known as "The

Black Democratic Elected Officials of Ohio," coming into

existence shortly after reapportionment augmented the number

of black officeholders in the state. This organization

encompassed all the black elected Democrats in the state; 92 it aimed to assemble all black Democratic officeholders in

the state to discuss common, problems and interests, i.e.,

the organization served as a pressure group to protect and promote black concerns and endeavored to get other black

Democratic candidates elected to public office. The informal

grouping in the House was an offshoot of this larger

undertaking, and later there were issues appearing before

the House after the initial stages of the group’s informal

meetings, tending to draw black legislators closer together

for collective action. For example, an anti-riot bill

cleared the House in the 107th General Assembly and during

the 108th General Assembly, a third open housing bill^^

appeared which, when first introduced, lacked significant

power of enforcement. The black legislators staged a

unified effort to oppose the bill until the loopholes were

closed. They did so successfully. The anti-riot bill vjas

viewed by the black legislators as a disguise for releasing

anti-black sentiments; hence, both of these issues necessi­

tated some kind of collective action on the part of the

black legislators. In the final analysis, the black

legislators’ status as an informal group grew out of their

vision of a need to organize for purposes of promoting and

protecting black concerns, in the midst of a group of white

colleagues they considered insensitive and indifferent to

the plight of black citizens in the state. 93

The preceding analysis was aimed at adding some brief historical perspective to the informal group phenomenon.

But the case in point is whether the contemporary black legislators in the 109th General Assembly are an informal group, following the pattern established in the two previous assemblies. In order to determine their existence an interview question so designed asked, "Do the black legislators constitute an informal group?" The nine black

Democrats gave a positive response, while the lone black

Republican registered a negative response. Therefore, the informal group entity applies to the nine black Democrats only; the black Republican is a deviate from this pattern.

He represents a predominantly white constituency and he has to cater to their interests, if he expects to continue to v/in reelection. His ideological orientation also maltes him a deviate; his ideological position was summed up when he stated:

Look, I represent people. . . I don’t care if they’re black, white, yellow, purple, or if they have big feet or little feet. I repre­ sent all of them and I always try to do what’s best for all of them.

When a man or a woman goes behind that voting booth curtain on election day and makes his mark, the person who counts the votes doesn’t knov/ if a black person or a white person made the mark. . . . 1 represent these m a r k s .

He further favors professionalism, diplomacy and statesman­

ship in the conduct of legislative affairs; according to

him, this strategy is more productive than anything done 94 by an informal group of black legislators. In practical politics, be claims, numerical strength is most important and without a numerical majority an informal group is in­ effective in its efforts to get legislation passed.

In spite of his anti-black group awareness position, most of the nine black Democratic legislators respect him and his right to adhere to his beliefs, but they don't necessarily agree with his philosophy. As a matter of fact, the author attempted indirectly to determine the group's attitude toward the dissenter among the black membership, but no antagonistic sentiments were found to be directed toward the black Republican. There was likewise no attempt to debunk his philosophy. But almost invariably when referring to the black legislators as a group, a black representative refers to "the nine of us"--indicating that only nine are associated with the informal group.

This situation, however, is a product of the concurrence of both party and constituency similarities.

Another technique employed to determine the group

identity of the black legislators, reinforcing the first method, was simply to ask, "Who are your closest friends in the House?" Sixty per cent named other black legisla­

tors as their closest friends--the individuals whom they most often fraternize with after the legislative session, at parties, dinners, informal chats, etc. Only one black legis­

lator mentioned any white legislators in this category of close friends. Two other black legislators gave priority

to political I.O.U.'s over personal friendships, but evidence leads to a conclusion that even these two could be recorded with the other 60 per cent response.

Meetings among the black legislators usually take place in an informal manner once a week, sometimes once a month ; they vary depending upon the necessity for group

action promoted by pending legislation.^® The group has a chairman v;ho presides over the informal meeting--sometimes there is an agenda but it is usually cast aside. It is the

job of the executive secretary to handle communications

between the black legislators; he sends out announcements

concerning these meetings and about any other items coming

up the black legislators need to know about as a group.

On the other hand, the informal group serves as a means of

socializing the black legislators into the larger assembly;

within the group the black legislator can hobnob and

discuss issues and problems with "likeminded individuals."

As a socializing agent entrusted with the responsibility of

orientating the newcomer to the House, the group members

attempt to apprise him of the nature of legislative politics

from a "black perspective," i.e., they spell out the d o ’s

and d o n ’ts essential for success in the legislature. In

this informal group one can share similar experiences and

mutual problems and it reduces the feeling of powerlessness

one black legislator might likely experience if he were in 96 the House alone. Thus, informal group identity engenders status reassurance for the black legislator, and it is also a catharsis because the informal group allows the black legislator to "let off steam" about probleir.s that might infuriate him, among sympathetic colleagues. And the communications function is served primarily by the existence of an executive secretary whose job it is to keep other members informed whenever there is an issue or item meriting their attention. Then too, the black legis­ lators talce it upon themselves to keep each other informed of significant legislative developments; for example, if a black legislator misses a key committee meeting (standing committee), or legislative session, he is immediately informed of those transactions by a fellovj black legislator.

There is a constant flow of communications among the black legislators that is functional to their well-being as legislators. Due to the size of the House of Representa­

tives (99 members), socialization and communication are

two kej' functions which must be provided for in this legis­

lative assembly.

Issues and projects entertained by the black legisla­

tors during the current (1971) session are: jobs, black

education, law enforcement, cable television, and the

controversial firing of the Black Studies Director at The

Ohio State University in the Spring of 1971. In addition,

they have >.ttempted to find jobs for black citizens in Ohio, 9 7 placing them in positions with state government that they never had the opportunity to occupy before. Since the unemployment rate among blacks is always double that of whites,and since legislators are frequently approached

about jobs by their constituents, this item occupies much attention among the black legislators. Regarding black education, most of the concern is with blacks in higher education, e.g., preoccupation is with the skills black

students need to succeed in the professions of medicine,

law, engineering, dentistry, etc. They look for solutions for improving these skills and thus increasing the number

of blacks receiving degrees in these areas where black

graduates arc vitally needed, in their own committees, and

in the nation as a whole. Similarly, they have been con­

cerned with black studies programs at institutions of

higher learning in the State of Ohio. In this fashion,

they envision a need to increase the number and quality of

these programs with a notion of adequately perpetuating the

rich heritage and accomplishments of black people, which

heretofore have been subtly neglected.

The black legislators enlighten themselves on these

and other pending issues by calling in resource persons to

appear before them in meetings to share their expertise in

these states. For example, on the subject of black educa­

tion, the black legislators invited professors from the

University of Toledo to discuss the strengths and weaknesses of black students enrolled in institutions of higher learn­ ing. The same tactic was employed to learn more about law enforcement. The black legislators had a law officer from the Attorney General’s Office AJnited State^Z, appear before the group to discuss the various implications for the black community, and the provisions of the Omnibus Crime

Control and Safe Streets Actpassed by Congress in 1968.

Resource persons have also been utilized with the group's cable television project. The key purpose of in­ volvement with this project is to examine the potentials for black citizens to benefit economically from this enter­ prise. According to a pamphlet issued by the staff of the national organization, CATV is one of the most prominent concepts in communications today. It is one of the coun­ try’s fast growing industries and shows no sign of slowing down.^^ The report also provides prescriptions for understanding the concept of CATV. Accordingly, one technique for organizing the concept in o n e ’s mind is to thinlc of ”C” as cables, ”A ” as antenna and "TV” as tele­ vision s e t s T h i s simple analysis provides the main

ingredients of the system— an antenna to receive, a cable

to carry and a television set to use the signal,The

operation of this system was further promulgated by Marie

D. Brown when she stated:

Basically, a cable television system works in much the sesno way as a master antenna system for an apartment building /ox HAT^Z. Signals are received via antennas placed on towers ; these signals are then amplified by electronic equipment and carried through the cable ^either above ground on poles or underground in con- duit^Z in front of the homes to be serviced. From there each resident desiring to subscribe to the service has a "house drop" run to his housG--he is then "on the cable." Subscribers pay a monthly f e e /from $ 5 -$ 1 0 7 for this service, plus a one-time installation fee of $15-$20.24

Clearer stronger pictures and a broad range of TV prograuns are provided by CATV. A typical system distributes up to

24 TV signals; predictions project up to 80 channel capa­ bilities simultaneously.^'^

Cable television has a direct effect on the black community; it has been estimated that by 1980, according to a report by the Quantum Science Corporation, cable

television will be a 4.4 billion dollar industry of which;

- $2.2 billion will be subscribers' fees

- $86 million in communication services and

system procurement

- $300 million program material

- $604 million in equipment and cable

- $638 million in installation costs

- $600 million in advertising.^^

Black legislators in the Ohio House of Representatives

and elsewhere are interested in cable television because

numerous benefits can be reaped by the black community in

terms of increased jobs and possibly some control over

channels of communication; more specifically, jobs for 100 black filmmakers, producers, directors, entertainers, writers, etc., can be created by the industry, as well as jobs associated with installation, manufacturing and repair of cable equipment will readily become available.

And the black community through control of its own com­ munication channels will be enabled to contribute signifi­ cantly to the education of black children and adults.

Cable television had its beginning in the mountains of

Oregon and Pennsylvania back in the late 1940s and early

1950s.

Cable T.V. recently was adopted on a local level in

Ohio by the City of Dayton. The Dayton project of cable TV is valued at $10,000,000 and one of the black legislators from that area is chairman of the executive c o m m i t t e e . 28 An estimated 200 new jobs and a monthly payroll of between $150,000 and $200,000 will be created by the institution of the cable television proposed by

Cypress Cable T.V. of Dayton,The Dayton project illustrates precisely how this concept can be applied in

a local community with a black legislator serving in a supervisory capacity, and how opportunities for blacks in

employment is achieved. And here is, likewise, a clear example of black legislators promoting the interests of black citizens in the state, as well as the economic

interests of the state as a whole. 101

The black legislators crystallized their solidarity v;hen they requested and obtained a conference with the

President of The Ohio State University to discuss the firing by the administration of the University’s Director of Black Studies. He had been arrested and later fired for allegedly failing to obey a police officer when told to leave the premises of a local high school during a racial disturbance in the Spring of the 1970-1971 school year

The nine black Democratic legislators requested the meeting with the President of Ohio State to resolve what the group described as the "ugly image of institutional racism" raised by the demotion.The legislators indicated that the request was made on behalf of the 1^ million black citizens in Ohio they represented, and because no blacks were consulted concerning the d member of the group commented :

Whites are determined to be architects of Black Liberation. whites have had 400 years to liberate Blacks and have failed to do so. Black students were appointed to hire a Bl^ack Studies Director and the students chose /himZ. vVhen he was fired no blacks were con- sulted. . . .33

After the nine black legislators* meeting with the President of Ohio State in the Spring of 1971, they claimed the group had not been pleased with the meeting. However, in a prepared statement issued later, the President of Ohio State

asserted that "the legislators' objections were not so much

about the reassignment as xo his /the Presidenjt/, not having met with the black legislators before making the decision.The meeting did not alter the President's deicision to fire the Director of Black Studies, but the symbolic show of consultation and/or confrontation was not without effect. A legislator who is not a member of the House, but who was identified with the group effort expressed the collective sentiments of the black legis­ lators on the issue. He maintained:

The indignities and disrespect placed upon the black legislators who have desired an opportun­ ity to meet with /the Presidenjt7 indicates a need for better rapport with the University. . . we will take a very close look at all. . . acts and attributes of racism that exist at Ohio State University and other state supported in­ stitutions . 35

The preceding analysis illustrates some of the types of issues and projects that have engaged the attention of the black legislators in the 109th General Assembly. .As a group, the black legislators see it as their duty to intervene in situations where issues essential to the well­ being of the black population in the state appear jeopar­ dized. Nevertheless, in the aforementioned analysis, no effort was materialized dealing with specific types of legislation the black legislators introduced in the session under investigation. In this direction, our attention is

now focused. The Black Legislators and Legislation in the 109th General Assembly

The black legislators do not sponsor bills as a group, they do so individually and then solicit the support of their black colleagues in attempting to facil­ itate the passage of these bills. Usually in the informal meetings, or elsewhere, a black legislator sponsoring a specific bill will let his colleagues know that he is the sponsor of a particular bill. Although these bills are sponsored by individual black legislators, their content, in most cases, reflect the interests of the group as a whole.

In the regular session of the 109th General Assembly,

there are a few specific bills, besides the budget, having black legislators as their sponsors or co-sponsors, and

they are considered functional to the welfare of black

citizens in the state. Included among these bills are

H.B. 658; H.B. 336; H.B. 295; H.B. 494; H.B. 216; and

H.B. 114.

One of the most noteworthy bills in terms of the

interests of black legislators in this assembly is House

Bill 658. It. aims to begin work on a 2.3 million dollar

Museum of Afro-American History and Culture to be

located neaxr Central State University.This bill would

establish a 15-member commission to start planning for

the center supported by an $80,000 allocation included 1 04 in Governor Gilligan’s capital improvements budget.

Nowhere in America is there a national museum of Afro-

American History and Culture; the establishment of the proposed project in Greene County would attract nationwide attention. The bill passed the Ohio House of Representa­ tives by a vote of 79 to 3,^® and is now (December, 1971) before the Education and Health Committee of the Senate.

In the final analysis, the bill strives to direct atten­ tion to the achievements and contributions of black

Americans--an area very much neglected in past years; expectantly, the bill has the support of the black legis­ lators and significantly, four white legislators are listed on the bill as co-sponsors.

The purpose of House Bill 336 is to prohibit members of municipal safety forces from serving as witnesses and challengers at elections. The bill was introduced by a black legislator from Cuyahoga County who was prompted to introduce the bill because of the presence of policemen and firemen in polling places in predominantly black communities in Cleveland during the 1969 election when

Mayor Carl B. Stokes was up for reelection.Policemen, pretending to serve as challengers and witnesses in refer­ ence to the proposed amendment to reduce the voting age requirements from 21 to 18 were reportedly stationed in polling places purposively intimidating black voters and seemingly killing Stokes- chances for reelection; however, Stokes won anyway. In his prepared speech delivered in the House when the bill won on the floor, he commented:

/Y introduced this bil3j^ because I thought it was necessary-to protect the rights and priv­ ileges of the majority of citizens of the State of Ohio. No citizen should be deprived of his right to vote or be intimidated in any way by a uniformed officer carrying /an7 arm. . . There may be many of us here in this 109th General Assembly that feel our uniformed officers can do no wrong. . . . Well, they can do both right and wrong. We should not let the ones v;ho do wrong cast a shadow of doubt on all our peace officers. . . All adult citizens today are aware that guns and elections have gone to­ gether only in places which do not have any resemblance of a free democracy, . . the possibility of creating an atmosphere of fear and intimidation under such circumstances is self- evident. /I have no/ objection to uniform policemen serving in the capacity as authorities feel that their services are necessary, but I do object to a policeman serving an authorized member of the precinct official without forfeit­ ing any of his powers as a police officer. . .

The bill had strong bipartisan support and passed the

House of Representatives by a vote of 85 to 6. It is cur­ rently before the Senate Rules Committee.

House Bill 295 is a relocation bill and has among its co-sponsors two black legislators. It is a bipartisan measure designed to make available to people of Ohio federal relocation funds for those forced to vacate their homes and businesses because of federally aided projects

In the words of one of the black co-sponsors, "This bill is designed to give needed aid to those who must sell their property to the government to make room for federal projects.In addition, the aid includes the following

allowances ;

. . , r-loving expenses up to $300 with a r e­ location allowance of $200, compensation for business losses of not less than $2,500 or more than $10,000, up to $15,000 to displaced owner-occupants to apply towards the purchase of a new home, up to $4,000 to displaced tenants to rent, for two years rebates for improvements made to property by the o w n e r s . ^3

A bill of this nature is encouraging to blacks and other minority groups because they are the ones who are most burdened by dislocation when federal projects have destroyed

large ghetto housing areas. The bill was signed by Governor

Gilligan and became law on June 11, 1971

House Bill 494 aims to separate the Department of •

Corrections from its current identification with the Depart­

ment of Health and Mental Hygiene. The black Republican

legislator worked on this bill for a number of years. The

directorship of the new Department of Corrections would be

a black gentleman who is now head of the joint departments.

Because of this factor, the bill has the support of all

the black legislators. The bill is before the House Rules

Committee.

Since a large percentage of the prison population is

black--it is estimated at 52 per cent— it is to be

expected that this factor would arouse the concern of the

black legislators on penal matters in general. The death

penalty is a specific focus of attention in this area. A bill sponsored by two black legislators is designed to abolish the death penalty (H.B. 216). In C^io. . . 49 per­ sons, including one woman, are awaiting the imposition of the death penaltyThe last execution in Ohio was on

provided the underlying rationale for the sponsorship of the bill when he said, "There is nowhere on record any instance in which a rich person was executed, only the poor man suffers the fate due to his inability to hire competent legal counsel.The bill remains before the House

Judiciary Committee,

House Bill 114 supports the rights of residential tenants. It aims to protect tenants against arbitrary and unlawful action on the part of landlords, especially in evicting tenants from dwellings ivithout just cause. One of its black sponsors believes this to be one area in which black citizens are frequently abused due to the existence of inadequate legislation to protect tenants based on the rights they deserve. Therefore, House Bill 114 aims to

bridge this gap; this bill is currently before the House

Judiciary Committee.

The above listing is a mere sample of the bills

sponsored or co-sponsored by the black legislators in the

109th General Assembly, and represents action taken on them

as of December, 1971. Additionally, all of the black legis­

lators supported the Governor's Tax Legislation (House 108

Bills 475, 476 and 477). Support was given to these measures by the black legislators because they were money bills and thereby provided for the allotment of funds to several areas in which these legislators are concerned, e.g., welfare, education, housing, transportation, aid to urban areas, e tc. For this reason the ’'Budget Bills" were regarded by the black legislators as the most important legislation to appear before the 109th General Assembly.

The Black Legislators and Group Norms

All human groups and institutions endeavor to maintain themselves and guarantee their survival through establish­ ing norms of conduct that apply to their members.'^® These norms, folkways or rules of the game govern a variety of situations and practices, both prescribing and proscribing certain rules of behavior.Similarly, a set of norms, folkways, and rules of the game govern the behavior of the black legislators in the Ohio House of Representatives.

The most common of these norms are fairness, cooperation and integrity, i.e., these are the behavior patterns the black legislators expect in their dealings with one another.

Some of the individual statements by black legislators illustrate those rules of the game:

A. We act in a democratic way ; if we agree on something, we expect all to go along. . . A man should always tell the truth; if one fails to live up to his vford in the leg­ islature, he has nothing left. B- I expect fellow black legislators to live up to the propositions that have been put to them.

C. If wo agree on a certain course of action, I expect a man to honor this group agree-

D. We expect the bla.ck legislators to vote together when they have decided to in a caucus.

E. In the legislature there is tremendous fellowship. Integrity is important. If you give your v/ord that you will vote for a bill, it is expected that you vjill vote for it.

Accordingly, these rules of the game among the black legis­ lators are the same as those among all other members of

the House, e.g., keeping one's word, integrity, credit-

ability, fairness, and cooperation are characteristic of these relationships.

The black legislators also expect the leadership to

render fair and impartial treatment in fulfilling their duties and obligations. There vrcre no indications that

any injustices were experienced from the House leadership;

the leadership was viewed as fair and impartial. None­

theless, these expectations are reciprocal. The leadership

also expects individual members in the House to attend

legislative and committee sessions; to have a knowledge of

legislative matters pending before the House and to carry

one's full work load. Hence, these expectations, norms and

rules of the game are interconnections that maintain

stability and continuity in the Ohio House of Representatives. 110

In essence, this means when one becomes a member of this

"select club," he is expected to find out what the rules of the game are, and then abide by them.

Apropos the leadership positions held by the black legislators in the House, a majority of the black legisla­ tors contend they do not occupy a proportional share of these positions. The black legislators account for one committee chairmanship, the minority whip and an advisor to the governor on minority affairsThe words of one black legislator possibly sums up the group's position on this matter. He maintained, "We have two leadership posi­ tions, the minority whip and one committee chairman-- it's not proportionate. I think we should be given greater responsibility in matters of state." In addition to these leadership positions there are blacks employed in the House in clerical and other related jobs; one black lady heads the Democratic Stenopool tv;o other black secretaries are also included in this pool. The 1967 House of Repre­ sentatives had one black page, during the 109th General

Assembly there are two. These jobs were made possible through the influence exercised by the black legislators.

Nevertheless, the black legislators are in the minority party, and this factor accounts, to a great extent for the lack of possession of more leadership positions in the Ths Perceptions ofthe White Legislators about the Black LerîTsiators ' Status as an Ini 1 lientiai Group

In order to ascertain the influence of the black legislators as a group, one of the questions asked the

16 white legislators was, "Do you consider the black legis­ lators influential as a group?" Seventy per cent of these legislators viewed the black legislators as influential while 30 per cent did not; consequently, this perception was established as an index for evaluating the overall influence of the group. Some representative responses by white legislators to this question follow:

A. Yes, through group action they have achieved the minority whip position and the head of the stenopool position. The black legislators agreed as a group on these appointments.

B. Yes, the problems of the black community would not have come to light without the black legislators, i.e., we v;ould not have known about some of the problems blacks experience.

C. I don’t look upon them as a group at all.

D. I don’t thirik you can say they're influential as a group; you’re influential on the basis of whether people need you. If you are in the majority party things are different. . . .

E. Yes, if they are together, they are influ­ ential .

F. Yes, probably out of proportion to their number s.

G. Yes, but not so much as a voting bloc, be­ cause you rarely have a question that is all black or white; just as any legislator is expected to represent his constituents, they are likewise. I would expect black legis­ lators to be concerned with a wide range ox issues, e.g., schools, banking, etc.

H. They are very informative; they have given me information I never knew before, I enjoy having a black man, ______, on my committee.

This chapter ascertained the black legislators’ status

as an informal group in the Ohio House of Representatives.

Other informal groups were also identified in the House.

As an informal group in the House the functions of sociali­

zing the black legislators into the larger assembly and providing a means of communications between them, are

achieved. A tendency among the black legislators w?as also found to oversee and protect the perceived interests of the

black constituents whom they represent, i.e., several

issues and projects receiving the attention of the black

legislators were sampled to affirm this primary preoccupa­

tion with the interests of the black community. Finally,

based on the black legislators’ own perceptions and those

of their white colleagues in the House, the black legislators

are indeed influential as an informal group in the House of

Representatives. Footnotes for Chapter IV

1. For additional information see Appendix C.

2. John C. Wahlke, et a l ., The Legislative System ( New York : Wiley, 1962) , p. ~6'4.

3. Malcolm E. Jewell, The State Legislature: Politics and Practice (New York: Random Mouse, 19^2)7 p. sT.

4. Ibid.

5. Ibid., p. 83.

6. Ibid., p. 84.

7. See The Call and Post, June 30, 1971.

8. Roscoe Baker, "The Reference Committee of the Ohio House of Representatives," American Political Science Re- view, XXXIV (April, 1940), 3Ô6-310.

9. Charles William Chance, "Analysis of Legislative Agreements: The Case of Ohio" (unpublished Ph.D. disser­ tation, The Ohio State University, 1970), p. 107.

10. The standard procedure for the passage of bills in legislative bodies is duplicated in the Ohio House of Representatives, consequently, the same details are not duly recorded in this analysis.

11. Ohio Legislative Service Commission, A Guidebook for Ohio Legislators, o p . cit., p. 22.

12. Black interests are not clearly concrete, some­ times they are ambiguous and subject to varying interpre­ tations; hov.'ever , in the context in which the term is used here, it refers to those issues crucial to the well-being of black constituents. The black legislator, because of his long residence in the community, knows which issues are beneficial or detrimental to his constituents; he al­ most invariably strives to protect those interests.

13. The Plain Dealer, February 14, 1968.

14. Since there is a possibility of polarizing the legislature due to its conservative posture, the black legislators believe that their reference to a "black caucus"--in spite of the prevalence of black caucuses in a number of other geographical areas--would generate anti - black sentiments among some white legislators. 15. Ohio Legislative Service Commission, Summary of 1969 Enactments (Columbus; Ohio Legislative Service Com­ mission, 1969), pp. 43-49; for additional background infor­ mation on the passage of the Fair Housing Law see: Myron Q. Hale, "The Ohio Fair Housing Law," in Lynn W. Eley and Thomas W. Casstevens (eds.), The Politics of Fair Housing Legislation (San Francisco: Chandler Pubïîsiixng Company,’ 1968).

16. See The Dayton Daily News, September, 1968.

17. The author was able for two and one-half months to observe the black legislators in action, and this obser­ vation leads to the conclusion that the black legislators have a group awareness among their numbers; for example, they often eat together, attend meetings and social functions in group proportions, etc,

18. In addition to these scheduled meetings, there are daily interactions between the black legislators con­ cerning items of interest to them; these interactions are spontaneous and grow out of their informal group status.

19. See The Columbus Dispatch, May 7, 1971; Founda­ tion for Change, Inc., Minorities and Jobs (New York: Foundation for Change, 1970).

20. For a discussion of this act see National Observer, February 9, 1970.

21. National Cable Television Institute, Introduction to CATV (Oklahoma City: National Cable Television InstT^ tute, 1970), p. 1.

22. Ibid.

23. Ibid.

24. Marie D, Brown, "Cable T.V. and the Black Com­ munity," The Black Politician, II (April, 1971), p. 4.

25. Ibid.

26. Ibid., p. 6.

27. Ibid.

28. The New Dayton Express, June 17, 1971.

29. Ibid. 1 15

30. This case is currently pending before the courts.

31. The Columbus Dispatch, July 2, 1971.

32. The Call and Post, July 10, 1971.

33. Ibid.

34. The Columbus D i s p a t c h , July 14, 1971.

35. The Columbus Dispatch, July 3, 1971.

36. The Columbus Dispatch, July 14, 1971.

37. Ibid.

38. The Call and Post, September 18, 1971.

39. The Call and Post, July 19, 1971.

40. Ibid.

41. The Cincinnati Herald, July 19, 1971.

42. Ibid.

43. Ibid.

44. Ibid.

45. The Columbus Dispatch, February 2, 1971.

46. Ibid.

47. The Supreme Court has since declared that persons tried for capital crimes must contain individuals on the jury v.'ho are opposed to capital punishment; this decision may affect the whole issue of capital punishment itself.

48. William J. Keefe and Morris S. Ogul, The American Legislative Process; Congress and the States (2nd ed . ; Englewood Cliffs: Prentice-Hall ,-.Tnc. , 1968), p. 149; Donald R. Matthews, U . S. Senators and Their l\prld (New York: Random House, 1960), Chapter V.

49. Keefe and Ogul, ibid.

50. Nevertheless, in reality, these are commensurate with white legislators in the House having the same senior­ ity. 51. This position is not really a regular House position, but rather he is a liaison between the black legislators and the governor; nevertheless, the position carries a great deal of influence.

52. The stenopool d oes the clerical work for the Democratic representatives in the House. THE RELATIONSHIP BETWEEN THE BLACK LEGISLATORS AND THE POLITICAL PARTIES

Party affiliation is perhaps the most important cue- giving device affecting legislative voting behavior. The efforts in this chapter are geared toward examining the influence of the black legislators with the parties as an index for measuring their general effectiveness as an in­ formal group.^ Since party affiliation is the principal variable to weigh in studying legislative behavior (at least as measured by roll call voting), it becomes apparent that any group hoping to exercise influence in the legislature must do so primarily through the channels of the political party with which it is associated. Before probing into the core of this relationship, the general characteristics of party politics in the State of Ohio are discussed.

Political Parties in Ohio

Political parties in Ohio have been largely based on a two-party system for the greater portion of the state’s history.^ Accordingly, this point of view was advanced by

Bel1er Zeller using the classification scheme of the American

Political Science Association; she labeled Ohio a competitive

117 time a trend was shown to be evident in the two-party scheme giving the Republican party a slight edge in the state's legislative politics for a period of over 40 years. This

trend suggests an inclination tov;ard Republican domination and is confirmed upon examination of the number of contests won by the Republican party in the staite over the years.

Considering party majorities in the lower house of the

Ohio legislature from 1924-1966 as an index, Ohio leans,

again, very heavily toward Republican controlThe Demo­

crats controlled the legislative and executive branches

simultaneously on three occasions--once in the mid-1930's,

in the late 1940's, and again in the late 1950’s.^ While

Democratic governors felt fortunate to hold a slim majority

in one house to support their programs, Republican gover­

nors usually have had majorities in both houses. In 1958

the Democrats campaigning on the right-to-work law won

control of both houses and concurrently elected Michael V.

DiSalle, former mayor of Toledo and former head of the

United States Office of Price Administration, as governor;

DiSalle had previously sought the governorship in 1956,

and in 1962 he lost the gubernatorial race to James A.

Rhodes.

Ohio's political party system, in addition, shows

organizational disparities between the two parties; for

example, the Republican party organization in Ohio is often 119 regarded as a virtual organ!%atzonal model, extending all the way down to the county level, where it seemingly controls access to the state legislature. Recognition of this factor is crucial for assessing the strength of party leadership in the legislative chamber. In his study of politics in the Midwest, John H. Fenton explicated the Republican party’s tight organizational position when he pointed out that Ray Bliss, then the Republican party’s state chairman, demanded that all county chairmen clear statements with him before making them public and he achieved nearly perfect compliance with these demands.^ Fenton further attributes the party’s tight organization to two key factors

(1) persons identifying with the party are culturally and ideologically homogeneous and acutely aware of the larger number of interests they have in common ; and (2) they are aware of the fact they constitute a minority of the voting population and are willing to submit to strong central direction in order to achieve electoral victories.

In contrast to the Republican party organization, the

Democratic party is less unified. For example, in his study of party responsibility in the several states. Profes­ sor Thomas A. Flinn found the Ohio Democratic party organ­ ization ’’notoriously weal;, ” and badly split.^ In fact, a similar study likewise alluded to the contention that the

Democratic party in Ohio was split into at least three different factions: a loosely knit labor and ’’New Deal” faction lcd by Frank W. King, state senator from Toledo and chairman of the AFL-CIO, the liberal Cleveland based, anti-

Lausche group; and the pro-Lausche conservatives/-^ Frank

Lausche served as Ohio’s popular governor from 1945-1947 and again from 1949-1957; he was a Democrat, but. ideologi­ cally he pursued the same conservative politics advocated by his Republican opponents; therefore, he carried the backing of the conservatives from both parties.

Fenton further classified the Ohio Democratic party as organizationally resembling the loosely knit parties of the "Deep South" rather than the fairly well organized political machines often characterizing many industrial states. He contended, in effect, no statewide Democratic party exists in Ohio; rather, the Democratic party is only an aggregation of city machines with little or no interest in State-wide elections unless the candidates hail from their home city.^® Democratic disorganization within the party is attributed by Fenton to several factors, among which are: (1) the large number of medium-sized cities, each with a Democratic organization whose leader views the group as independent from the regular state party; (2) the weakness of the Cuyahoga County organization; (3) the aloof­

ness or impotence of the state’s labor organization as

related to the state and local politics; and (4) the existence of a conservative rural element within the party.

It is acknowledged regarding Ohio’s political party system that in presidential elections in the past, Ohio has been a "sv^ing state,” that.is, at times changing from one party to the other in national voting patterns. In the

years between 1856 and 1954, Ohio voted for seven Democratic presidential candidates and 21 Republican candidates

Only twice, Dewey in 1944 and Nixon in 1960, has Ohio voted for the losing candidate. In 1960, Ohio awarded the

Republican candidate 53.3 per cent of the total vote, but blacks in Ohio followed the national trend with 7 out of 10

voting for John F. Kennedy.Just as the black vote in

any close presidential election becomes crucial in six

of the most populous states, in Ohio the black vote is

similarly crucial in both metropolitan and statewide

elections.And this is also an important factor related

to this study because the potency of the black vote

accounted for the increase in the number of blacks elected

to the Ohio House of Representatives.

The Black Legislators and the Parties in the House of Representatives

The first 27 black legislators elected to the Ohio

House of Representatives, as noted earlier, emerged from

the ranks of the Republican party; this factor is attribut­

able to the relative strength of the party in the state,

particularly in terms of finances, jobs, and general

resources. Before reapportionment in the 1960's, candidates

for the House ran on a county-wide basis, and since the 122

Republican party provided the primary means by which black candidates could successfully get elected to public office.

But at the same time, the national black voting trend favored the Democratic party--an identification dating back to the election of 1936 and President Franklin Delano

Roosevelt. However, since reapportionment (1967), black candidates in Ohio have moved to the Democratic party; the creation of single-member districts enabled black Democrats concentrated in the inner city to elect black Democratic representatives to the House; due to this shifting trend, now well established, only one black Republican remains in the House. It is not necessary, therefore, to delineate in great length his relationship with the Republican party; it is merely noteworthy that he has more seniority than anyone of the black Democrats, and he is the only black committee chairman; he is influential and respected by his colleagues.

Influence with the political parties is a phenomenon chiefly associated with the nine black Democrats consti­ tuting 20 per cent of their party’s membership ; they are a force to be reckoned with in the Democratic party. Their influence with the Democratic party can be visualized, in short, through the positions held by black Democrats in the

House (listed in the previous chapter). These positions came about as a direct result of the black legislators’ influence with their party. In the Ohio Legislature the political party mechanism serves as a major tool for organizing the body and filter­ ing legislative proposals.Through the party leadership, many of the crucial decisions are made on partisan matters.Consequently, parties play a major role in the

Ohio legislative process; the black legislators are cogni­ zant of the importance of party identification and have sought to work within the Democratic party in the House to accomplish their goals and achieve patronage for their con­ stituents. In order to assess the nature of the relation­ ship between the black legislators and the Democratic party, the question was put to the black legislators, "Does a great deal of harmony exist between the black legislators and the Democratic party? In the House? In the state? In your district?" Representative responses follow:

A. In a pseudo sense; i.e., blacks are not in the hierarchy of the Democratic party which can rely on approximately 80 percent of the black vote. The black urban vote can in­ fluence national elections, in proportion, we don't get the jobs, recognition, etc., that we deserve.

B. I think there is harmony partywise. It is through political means (politics) , you get party members to go along with things they would not otherwise go along with. This is the name of the game. In politics every vote counts--you don’t count anyone out.

C. Yes, in my city, the relationship is good; in the state I get along; in the House it is fair because of the existence of different interests. D. We have a working relationship. We can’t be in complete harmony with any white folks; we have to keep plotting and pushing for recognition to get rid of tokenism.

E. Not in my district; there are two factions e.g., pro-Stokes and anti-Stokes.

F. The 21st District Caucus is split between the pro-Stokes and the anti-Stokes forces.

Weighing the substance of these remarks one could con­

clude that the black legislators do not consider themselves

in complete harmony with the Democratic party— there are minor tensions and conflicts. But there is, nevertheless,

a good working relationship existing between the black

legislators and the Democratic party. Blacks are tradi­

tionally loyal Democrats, and to see whether this tradition

held true in the present research, 49 roll calls were

sampled from the approximate 498 roll calls taken during the

regular session in the Ohio House of Representatives.

The 49 sample roll czills represented every 10th roll call

taken in the 1971 session. The results of the analysis of

party loyalty on these roll calls appear in Table 6 below. TABLE 6

PARTY LOYALTY SCORES^

Groups Score

Black Democrats 90% White Democrats 85% All Democrats 86% Republicans 84%

^ a r t y loyalty is the per cent of the times each group voted with the majority of the party.

What the above figures reveal is a strong tendency for the black Democrats to support the Democratic party, thereby meaning a sound relationship prevails. Hence, this tendency is a strong cue-giving device relating to the black legis­ lators' behavior in the House.

Exploring this relationship from a broader perspective, the 16 white Democratic legislators were asked the identical question and all give basically positive responses. The following statements are representative samples:

A. I would say there is harmony. I can't remember any particular time when there was any real break with the Democrats on one side and the black legislators on the other. Hovjever, if there was a time when the black legislators tried to force an issue and we weren't ready for it, there may be disharmony. There have been only minor situations involving conflicts of position between the Democratic party and the black legislators. B. I would say harmony exists here more than anywhere else. The .Democrats real ice blacks ha.ve a large percentage of the voting popu­ lation.

C. Yes, I think for the most part the situation is improving with the party; for example, a black legislator has been minority whip for four years. . . . There have been one or two who have spoken out causing some anger among white legislators, usually on the Republican side of the aisle.

D. Yes, they are part of us. I don’t see all this distinction; it would repel me. They are our people; we caucus and then express our agreements and differences.

E. Yes, there is harmony; we work hand-in-hand.

F. The office ^______holds (advisor to the governor on minority affairs) indicates cohesion. . . The Democratic party has placed black legislators on committees, etc. ______is a whip--I nominated him. We have blacks in cooperation in the v/riting of the Democratic platform--they get their say.

The optimistic evaluation by these legislators is basically valid. As the roll call analysis illustrated, the black legislators will generally go along with party projects, programs, platforms, etc., except in a small number of cases when the Democratic party takes a position the black legislators conceive to be detrimental to black constituents and/or urban areas. Since the black legis­ lators maintain a 90 per cent loyalty score, these con­ flicts seem to occur only in a small number of cases.

However, the minor discrepancy involved between the two versions of the partisan relationship evolves primarily from the position maintained by some, if not all, of the black legislators that the Democratic party has not launched an all-out effort to aid the loyal supporters of the party in the House and in the state as a whole. More will be added on this matter later in the chapter.

The 21st District Caucus was identified by the black legislators, and the Caucus represents a relevant vari­ able in this analj^sis. In fact, it is a potent force in

Cuyahoga County and sometimes affects the behavior of the black legislators in the House from that area, es­ pecially when the Caucus adopts a group position before an issue is voted upon in the legislature. Three of the four black legislators from Cuyahoga County are members of the

21st District Caucus.The membership in the Caucus is predominantly black and this factor per se tends to stir up the wrath of some white political opponents. Some critics have given the Caucus a third party label--those who are members of the Caucus are not considered members of the regular Democratic party, "There are three politi­ cal parties in Cleveland— the Democrats, the Republicans, and the 21st Caucus," were the words of one white legis­ lator from Cuyahoga County. More light is shed on the workings of the Caucus through the following excerpts taken from a statement of its ov/n program and objectives :

The 21st District Caucus is a nonpartisan organization of Clevelanders desirous of eliciting the active participation of more voters in the political processes of our city, state and nation. The Caucus is dedicated to a program o f generating greater interest in American poli­ tics. We have neglected our political and governmental institutions, and have permitted their virtual take over by racists. We be­ lieve the revitalization of the public process is needed to make our political and governmental institutions more responsive to the needs of minorities and low income citizens. This is our prime objective. Through education, the Caucus will endeavor to stimulate a greater interest in politics and motivate more people to register and vote. The Caucus seeks to stimulate full participation by minorities in the activities of both major political parties. The Caucus is not a political party. . . . We will work with both political parties to make them more responsive to the people and to all units of government, local, state, and national. Membership in the Caucus is open to all people who subscribe to its principles, objec­ tives, and programs.

The basic reason for the consternation generated from the Caucus issue is fear--a fear that from the organization of the Caucus the two traditional parties will be forced to bargain with black citizens in the Cleveland area. In other words, the Caucus is merely an effort toward unify­ ing black voting power and is an appropriate source of fear to any individual or group whose power or status appears jeopardized through solidifying the black vote.

Sometimes, therefore, the Caucus becomes a source of friction for the regular county Democratic party. This means, in essence, the Caucus members comprise the pro-Stokes factionwhile those in the regular county Democratic party compose the anti-Stokes faction. The predicament makes for a weakened Democratic party in the state’s largest 129 county, and the prevalence of these factions sometimes affects the voting of the black legislators from Cleveland, as it did in the contest for the minority leader position at the beginning ojf the 109th General Assembly. In this case, the black legislators from Cuyahoga County supported the winning candidate, while other black legislators supported the loser, thus splitting the group's votes. But this is about the only instance where any split among the nine black Democrats was so a%)parent.

In order to acquire a broader view of the positions and leadership roles now held by the black legislators with the Democratic party, it is essential to refer first to earlier years. IVlien the black legislators reached group proportions in the House of Representatives in 1967, as an informal group concurrently developing, they began to pressure and confront the party leadership for group recognition and party patronage--then lacking--and in 1968 the black legislators began to make their presence felt in the Democratic party by pressing for equitable recognition

and participation in party affairs.

A bitter floor fight was staged by the black legisla­

tors at the Democratic State Convention in September, 1968.

On this occasion they were able to meet for two and one- half hours in a closed session v/ith the state party chairman

and other party leaders demanding redress for five specific

grievances. . 2 1 1. Represent blacks adequately in the party's delegation to the National Convention (August, 1968). 2. Appoint nine blacks to the state executive . committee. 3. Name two blacks, apparently, the first in Ohio history, to the Democratic Electoral College. 4. Support a qualified black candidate for statewide office in 1970. 5. Hire a black for the state party headquarters.

All five of these concessions were agreed to by the Demo­ cratic party leadership after the confrontation with the black legislators.

Winning concessions in the State Democratic Convention, the battleground was next transferred to the House of Repre­ sentatives where the same kind of pressure was applied to gain recognition and greater participation in party decision-making within the House chambers. When the House of Representatives convened for the beginning of the 108th

General Assembly in 1969, a bitter contest for the minority leader’s position appeared imminent. As then former

Democratic leader A. G. Lancione (D-Balmont) and John C.

McDonald (D-Licking) began rounding up support for the job,

the black legislators seized the time to make their demands known, and they pledged to support the candidate who would do the most for them.^^ The black legislators wanted a stronger voice in the legislative activity of their party, opportunity for broader experience via committee assign­ ments, and leadership roles.As a result of this pressure

applied by the black Democratic legislators, one of their 131

group was appointed by the party caucus to the minority

whip position and another black legislator was appointed to

the powerful Rules Committee, both for the first time.

Consequently, these events involving black legislators con­

fronting the party leadership symboJ.ized their growing

numbers and subsequent influence m t h the Democratic party.

And the party positions and recognition they currently possess result from the application of pressures and

protests by the black Democrats. The 20 per cent of the

Democratic voting strength held by the black legislators

makes their influence quite evident v;ithin the Democratic

ranks in the House of Representatives; i.e., 20 per cent of

a party’s membership is strength enough to yield effective

results.

The Black Legislators as a Voting Bloc

A tendency exists to regard an informal group such as

the nine black Democratic legislators as a voting bloc;

however, the nine black Democrats do not constitute a solid

voting bloc, but rather, they vote together whenever a

measure before the House is conceived by them to be detri­

mental to black interests or urban problems. Relative to

this matter, William Chance concluded in his study of the

Ohio House of Representatives in 1967, the nine black

Democrats did not form such a voting blocMore impor­

tantly, he noted there were two blocs within this group 132 overlapping among the black legislatorsThe first con­ sisted of the black legislators from Cincinnati, Dayton, and Columbus, and one member from Cleveland who tied the bloc to the second structure composed entirely of black legislators from Cleveland. Hence, while he confirmed black legislators did not vote together, at least on an intra­ party basis, a high percentage of the time (87.7 per cent), they did not form a bloc.^^ The condition has altered somewhat since Chance’s study, but still, the black legis­ lators do not form a solid voting bloc; they vote together with a great deal more frequency in 1971 than they did in

1967. Table 7 is indicative of this changed frequency, based on the study of 49 roll calls included in the present investigation.

Table 7 shows a tendency for the black legislators to vote together on a large number of cases, but not enough to constitute a solid bloc.

The white legislators were asked during their inter­ view, ”Do the black legislators constitute a voting bloc?

Fifty-three per cent ansv/ered ”no"; one of the white legis­ lators asked noted he didn’t follow these things closely enough to give a definite answer. Significantly, the majority of those answering "yes” to the question did so with some reservations; that is, they observed the black legislators voting as a bloc only on certain issues essential to their black constituents. The remarks of one FREQUENCY OF DISSENT AMOI'O BLACK LEGISLATORS N=49

No. of Votes Na. of Per in Which: Votes cent

All Black Legislators Voted Together 34 69

One Black Legislator Dissented 6 12

Two Black Legislators Dissented 4 8

Three or More Black Legislators Dissented 5 10

legislator in this category summarized this position:

It depends on the issue; e.g., if you have something which relates to housing, funding for cities, discrimination in the cemeteries, etc., you would be a fool if you were black to vote against such issues.

On political issues it's different. I remember _____ (a former black Democratic legisla- tor) voting with Governor Rhodes on a couple of administration bills. . . . Blacks will usually support the party.

To test this hj/pothesis, 10 votes v/ere selected from the 49 roll calls for further interpretation. These results appear in Table 8.

Conclusively, the voting spread on these bills selected for analysis points to the affirmation that the black legis­ lators will vote en bloc when a particular bill under con­ sideration before the House contains racial overtones in

I I

137

its contents, affects urban areas, or is an administration

bill (party loyalty). Particularly significant in the

first instance is the recorded vote on Am. H.B. No. 980

pertaining to Aid to Dependent Children; the nine black

Democrats voted on bloc against the majority of the party,

which points to the premise that whenever an issue is perceived to contain racial overtones and the party

majority favors the pending bill, the black legislators will

vote against the party in favor of protecting "black

interests." This is especially true when the item involved

related to welfare, as the vote on Am. H.B. No. 980 sub­

stantiates .

.Another situation of this sort occurred in July when

by a vote of 51 to 43 the House approved a measure to re­

instate the one-year residency requirement as a condition

for qualifying for welfare assistance.The Supreme

Court of the United States had ruled in 1969 that similar

bills in other states were unconstitutional. Such require­

ments, according to the Court, have a "chilling effect" on

one’s right to travel freely between states and a state may

no more try to fence out these indigents who seek welfare

benefits than it may try to fence out indigents generally.

As the chief Republican sponsor of H.B. 977 argued,

"the legislation aims to discourage people moving from

their home states to Ohio in search of higher welfare

benefits."^® He insisted, in addition, "It will cut down 138 on the number of persons moving to the state to find work but somehow ending up on welfare."

One of the black legislators talcing the floor to speak against the bill voiced the sentiment of the group when he candidly affirmed, "/If this bill passe^Z, Ohio will be heading back to the Mayflower, while the rest of the world heads for the moon. However, the bill passed and nine^^ of the black legislators, including the black

Republican, registered their opposition to the bill; their opposition was staged based on the indirect affect of the bill on blacks moving into the state from other areas.

The conservative element of the legislature favored the bill’s passage becfiuse of its anti-welfare viev/s, and the black legislators felt impelled to challenge these senti­ ments .

Still another suitable means by v/hich one can measure the partisan relationship persisting betvjeen the black legislators and the Democratic party is through role per­ ception; i.e., hov/ they see their relationship with the party, Resultingly, 70 per cent of the black legislators look upon themselves as "party men," meaning they vote with the party most of the time, and the other 30 per cent see themselves as party men also but with some slight reservations. Examples of these reservations are:

A. I am first a people’s man; i.e., I am an advocate of the rights of the people. But realistically, I am a party identifier. B. I am black number one. Beyond that wherein I can compromise, I go along with the party. . . .

C. I am an independent organizational Democrat. I am organizational on some issues and on others, I. am independent as hell.

Likewsie, 80 per cent of the black legislators contend they vote with the party in the House 95 per cent of the time, while the other 20 per cent claimed party voting approximately 75 per cent of the time. The former figure is most near the reality of the situation; i.e., party loyalty. To examine the extent of the party loyalty of the black legislators as related to voting in the House,

16 of the 49 roll calls were selected for study and analysis because these vfere the most partisan of all of the

49 roll calls; they were the votes wherein the split between the parties vjere almost even--the Republicans lined up against the Democrats and vice versa. These results of the 16 partisan roll calls are illustrated in Table 9.

Again, the evidence shows the black Democrats to be the most loyal of all groups on the most partisan issues--a situation wherein party loyalty is indeed crucial. Thus,

the evidence strongly supports the contentions previously affirmed in the interview data regarding the black legislators’ loyalty to the Democratic party. TABLE 9

PARTY LOY/^L-TY ON PARTISAN VOTES IN THE HOUSE, 1971 N=16

Groups

Black Democrats 93R White Democrats 82% All Democrats 84% All Republicans 76%

The black legislators were asked in the interviews whether they felt blacks supporting the Democratic party in Ohio received a fair share of the political patronage dispensed by the party. One hundred per cent of the nine black Democratic legislators believed ble\.ck citizens do

not receive a fair share of party patronage; some varia­

tions of these responses follow:

A. We d o n ’t get our fair share of nothing anywhere--state, nation, etc.

B. Based on the proclivity of the black community to vote Democratic, there is no adequate reward; some precincts vote as high as 80 to 90 per cent Democratic.

C. The Democratic party has never been accustomed to doing so. They have not been pressured into complying with black requests and needs.

D. In the past "no"; we are working on it for the future--it's improving.

E. This is because of race; he (the white Democrat) is the same man from the society at large. I think that i t ’s getting better. The improvement is seen in the number of black scattered out on jobs in the state.

The basic idea conveyed by these remarks is that in proportion to the support given to the Democratic party in the state, the rewards for such loyalty have been some­ what deficient; but they, at the same time, see the condi­ tion as improving. And the perceived gap in performance by the Democratic party as viewed by the black legislators is the most apparent flaw in this basically good working relationship.

This chapter examined the relationship of the black legislators with the party as a way of evaluating their influence. The black legislators do, in fact, exert influence on the affairs of the Democratic party. After- reaching group proportions in the House in 1967 and sub­

sequently becoming a political force to be reckoned with,

they successfully exerted pressure on the party’s leaders

and thereby won concessions in terms of greater partici­ pation in party decision-making activities and increased

inclusion on committees within the House of Representatives.

The work in this chapter also confirmed the black legisla­

tors as the most loyal to the Democratic party based on

the analysis of 49 roll calls; this high degree of loyalty

to the party is confirmed on both partisan and nonpartisan

issues. In addition, the nine black Democrats do not con­ 14 2 stitute a solid voting bloc, but simply vote together v.dth a relatively high degree of frequency. Therefore, the black legislators can ordinarily be expected to vote along with the party on most issues, but whenever there arises a con­ flict. within the party on any issue pending before the

House conceived by the black legislators to contain racial overtones or is detrimental to urban areas, they will tend to vote together in attempting to protect these areas.

The ten bill analysis reflected the validity of this premise.

In essence, this simply suggests that the black legislators will tend to defend black interests and the interests of urban areas, even at the expense of party loyalty. Conse­ quently, a black voting bloc potential is always existent relating to these issues. Further, the black legislators are continually striving for more jobs for black citizens in the state through the channels of the Democratic party and they view the situation as improving, primarily since the current governor is a liberal Democrat and presumably concerned with the plight of blacks as well as other "liave- nots" in the state. This factor in itself augments the influence of the black legislators in the House, and similarly their relationship with interest groups and the state bureaucracy. The next chapter delineates these relationships. Footnotes for Chapter V

1. Sea Thomas A. P'linn, "Party Responsibility in the “States: Some Causal Factors," American Political Science ' Review, LVIII (March, 1964), 60-72; Duane Lockard, Mew England Politics (Princeton; Princeton University Press, 1959) ; Franlc j Sorauf, Party and Representation (Kew York: Prentice-Hall, 1963).

2. Francis R. Aumann and Harvey VJalker, The Government and Administration of Ohio (New York: Thomas Y. Crowe11 Company, 1956), p. 38; see also for a similar discussion: Malcolm E. Jewell, The State Legislature; Politics and Practice (New York: Random House, 1962), p. 11; Austin Ranney, "Parties in State Politics," in Herbert Jacob and Kennet’n Vines ( eds. ) , Politics in American States (Boston: Little, Brown and Company, 1965), pp. 64-65.

3. Belle Zeller (ed.), American State Legislatures (New York: Crowell, 1954), pp. 190-91.

4. Myron Q; Hale, "The Fair Housing Law," in Lynn W. Eley and Thomas W. Casstevens (eds.). The Politics of Fair Housing Legislation (San Francisco; Chandler Publishing Company, 1968), p. 151.

5. Ibid. ; also see John C. Wah Ike, e_t , The Legis­ lative System (New York: Wiley, 1962), p, 44.

6. John H. Fenton, Midwest Politics (New York : Holt, Rinehart and Winston, 1966), p. 133.

7. Idem., pp. 115 and 117.

8. FIinn, op. cit., p. 61.

9. Hale, op. cit., p. 151.

10. Fenton, o£. cit., p. 137.

11. Ibid.

12. Hale, op. cit., p. 152.

13. Ibid.

14. Ibid. 15. Ohio Legislative Service Comniission, A Guidebook for Ohio Legislators (Columbus: Ohio Legislative Service Commission, 1970), p. 93.

16. Ibid.

17. See Appendix A for further analysis.

18. The Call and Post, April 24, 1971.

19. Ibid., May 15, 1971.

20. Since Cleveland's Mayor, Carl Stokes, recently announced his decision not to seek reelection, it is expected his brother, Congressman Wuis Stokes from the 21st District, will inherit the leadership reins of the Caucus.

21. See The Cincinnati Enquirer, September 21 and 22, 1968; The Plain Dealer, September 21, 1968.

22. The Cincinnati Enquirer, January 5, 1969.

23. Ibid.

24. Charles William Chance, Analysis of Legislative Agreements: The Case of Ohio (unpublished Ph.D. dissertation, The Ohio State University, 1970), p. 242.

25. Ibid.

26. Ibid.

27. The Call and Post, July 31, 1971.

28. Ibid.

29. Ibid.

30. One of the black legislators was absent from the House on business when the vote was talcen. CHAPTER VI

THE RELATIONSHIP BETlv’EEN THE BLACK LEGISLATORS A m INTEREST GROUPS, THE GOVERNOR, HIS STAFF AND THE BUREAUCRACY

This chapter aims primarily to portray interest groups,

the Governor, his staff, and the bureaucracy as prime participants in legislative decision-making in the Ohio

House of Representatives. Accordingly, those elements are examined in order to weigh further the overall influence

wielded by the black legislators in the House. A suppor­

tive relationship between the black legislators and these

elements in the House surely enhances the legislators »

general influence, especially in terms of their capacity

to procure expert information, political patronage and

special favors for themselves and the constituents whom

they represent.

The Black Legislators and Interest Groups

Interest groups, representing the viewpoints of

citizens joined together to maximize their political strength,

are full-fledged participants in the legislative process.^

An assessment of the value of interest groups in the legis­

lative process was advanced by Harmon Zeigler when he

maintained: The role of interest groups is that of articulating demands and placing them within the context of institutional decision-making. They are important not solely because they are occasionally able to achieve their goals at the expense of other and competing values, but also because they provide organizational representa­ tion for the opinions of the fluid public which help to form the environment surrounding the legislature.2

Once a belief persisted that interest groups, by virtue of their mere existence, represented a menace to the "public interest," but eventually this view gave way to the current notion that interest groups, as a whole, con­ stitute legitimate participants in the process of formu­ lating public policies in state legislatures. However, on this matter, it is essential to relate that many factors, including circumstance, the subject matter of legislation, and the strength of political parties, help to determine the effect of interest groups on public p o l i c y . ^ On some occasions, because of these factors, the impact of interest groups is decisive, but at other times their input is meager and the legislature controls its own affairs.'^ Given this arrangement of circumstances, interest groups are enabled to play a functional role in state legislative systems by contributing to the maintenance of these systems through their strategic location in the communication channels that affect the environment of policy-making. Thus, interest groups provide a significant link between constituents and legislators; and communications flow in both directions-- from interest groups to legislators and vice versa.^ Just as legislators tend to differ in their role orientation tov/ard their districts and political parties, they also differ in their orientation toward interest groups. A typology for examining such orientations was furnished by Joh categories are;

Facilitators: Have a friendly attitude toward group activity and relatively much knowledge about it.

Resisters: Have a hostile attitude toward group activity and relatively much knowledge about it.

Neutrals; Have no strong attitude of favor or disfavor with respect to group activity (regardless of their knowledge of it) or have very little knowledge about it (regardless of their friendliness or hostility toward it).

Then the legislator’s view of interest groups is a crucial factor determining his own behavior and likewise affecting his influence with these groups. Therefore, the black legislators’ views on interest groups were ascertained during the course of the interviews ; they are all classi­ fied as "Facilitators,” because of their cordial attitude toward interest groups--100 per cent of their group con­ veyed the idea that interest groups played an important role in legislative decision-making.

In addition, the black legislators were asked to rank the interest groups they considered the most powerful in the Ohio House of Representatives, Table 10 illustrates these rankings by the black legislators.

INTEREST GROUPS RANKED AS FO/JERFUL IN THE OHIO HOUSE BY THE BLACK LEGISLATES

Per cent ox Interest Groups Black Legislators Citing Ohio Educational Association 60 Labor Unions 40 Bankers 40 Ohio Trucking Association 30 Insurance 30 Ohio Manufacturing Association 20 Chamber of Commerce 20 Retail Merchants 20 Farm Bureau 20 League of Women Voters 10

These rankings of group interests considered influential in

the Ohio legislative process are typical of the kinds of

interests commonly visible in state political systems, particularly where interest groups play a key role in

legislative decision-making. The black legislators also

ranked the interest groups they considered most influential

in their own legislative districts. The results of these

selections appear in Table 11, The chief revelations

emerging from the data in the table is that the same two

groups (education and labor) show top rankings as in the previous table. This is significant because labor has for 149 a long time been an ally of the Democratic party, and since the nine black legislators.are Democrats, their influence with this ally is enhanced. Civil rights groups do not show as much strength as would be presumed vdthout examina-

INTEREST GROUPS RANKED AS POIvBRFUL IN THE BLACK LEGISLATORS’ DISTRICTS

Per cent of Interest Groups Black Legislators Citing Ohio Educational Association 50 Labor Unions 50 Civil Rights Groups 20 Ohio Manufacturing Association, Farmers, Bankers, Medical Asso­ ciation, Real Estate, Churches, and League of Women Voters 10

The influence exhibited by legislators with interest groups and vice versa--it has been suggested up to this point— takes place mainly through the interactions between

the two subjects. Harmon Zeigler and Michael Baer have

employed interaction theory in studying the role of interest

groups in state legislatures. They have maintained:

For interaction to taite place it is not necessary that the flow of influence be entirely in one direction. We do not think of lobbying as a one-w£s.y street in which the legislator simply responds to the behavior of the lobbyist without influencing his behavior. Rather, we look on the legislator-lobbyist interaction as a reciprocal relationship. Each participant brings into the exchange certain resources in exchange for gratifying behavior. The degree of contingency in the interaction will depend in part upon the extent to which either party finds the services (resources) of the other useful in the achieving of a goal. . . . Con­ sequently, the legislator-lobbyist interaction will not necessarily be totally contingent. The behavior of one participant may not be the total influence on the behavior of the other. Indeed, it is likely that several sources of services v/ill compete for the favor of each participant.7

The techniques frequently employed by interest groups in the process of interacting with legislators encompass the following; (1) appeals to the public at large via the mass media to support a given issue--this tends to have an impact on the behavior of legislators involved;

(2) staging letter-writing campaigns from the constituents of a legislator whom they hope to receive favorable sup­ port ; (3) providing social entertainment for legislators, e.g., cocktail parties, dinners "nights on the town," etc.;

(4) contributing to the political campaigns of legisla­

tors and concurrently giving other assistance in campaigns

in terms of manpower, staff help, etc.; (5) securing jobs for the legislator’s constituents; and (6) providing

expert research information for legislators. All of these

techniques do in some way aid the tasks of legislators

and at the szuiie time reap benefits for the interest groups

involved. Regarding the function of interest groups as suppliers of expert information for legislators, much attention has been given to this situation by political scientists ivho have systematically studied interest group techniques. One of these political scientists provides insights on this function of interest groups and its importance to legislators as follows:

. . . Any politician, whether legislator, administrator, or Judge; whether elected or appointed, is obliged to malce decisions that are guided in part by the relevant knowledge that is available to him. The politician also must rely on somewhat conventionalized assessments of trends, corrected by new in­ formation about relevant facts. The politician is in continuous need of current information because he is at the mercy of the changes as they occur. Like a college president, a politician, especially an elected politician, is expected to have a judgment on all matters ranging from the causes of an outbreak of Bang's disease among the local livestock to the latest strategy of the Kremlin. He must malce decisions on many of these questions, decisions on the content of his public statements, on the causes and persons he will champion, on how he will vote on a roll

The knowledge required by the politican mav be divided into two tj/pes: technical knowledge that defines the content of a policy issue; and political knowledge of the relative strength of competing claims and of the consequences of alternative decisions on a policy issue. Any (interest) group may be in a position directly or indirectly to supply information of either type.8

The contention that information is one of the valuable resources legislators obtain from interacting with interest groups received additional support from the interview data. The black legislators provided comments on the advantages they reaped from interest groups in the Mouse.

A. They can provide resource materials. Since ive don't have secretaries in the Housej we'can rely on interest groups. I don't have time to do all the re­ search. . . .

B. The strong point is they provide infor­ mation. They have resources to come up ivith answers and the information they come up with is quite reliable.

C. They help in getting information and in my election campaign, and they also make occasional financial contributions.

D. They provide the research one needs on legislation, i.e., they present the vital statistics.

E. They bring to light things I may not be av;are of, i.e., they have the essential expertise and resources.

It is hereby acknowledged that the legislator may influence the lobbyist as much as the other way around,^ The legis­ lator may influence the lobbyist significantly by refusing to cooperate with him and even more so by virtue of estab­ lishing friendly relations with the lobbyist ("fie friend­ ship play")After all, it is the legislator who possesses the vote in the House--this is the prize. Thus, the analysis of the black legislators* relationship with interest groups confirms the former's influence, partic­ ularly as this influence relates to the black legislators’ capacity to procure expert information, campaign support, and jobs for constituents. The Black Legislators, T h e Governor and His"Staff

An assessment of the relationship prevailing between the black legislators and the Governor of the State of Ohio must begin first, because of necessity, with an analysis of the typical powers and influences inherent in the office of governor in the American states. The view is generally held that the governor and his staff are forces external to the legislature that significantly influence legislative decision-maicing.^^ A governor of a state possesses powers that are both constitutional and political. His constitu­ tional po'wers begin with his delegated responsibility for initiating major legislative programs in a state. Through this power of policy initiation alone, a governor’s impact on the legislature is enormous. The governor sets the agenda for public decision-making by largely determining what the business will be in any given session of the legis-

preparing the priorities for the legislators before the

session begins, the governor is given a major role in

initiating policy proposals for legislative deliberation.

In a similar manner, the governor holds the constitu­

tional responsibility for making periodic reports to the

legislature on the affairs of state— his "State of the State Address.” He appraises, in this address, the exist­ ing economic goals to strive for by the state and he out­ lines alternative plans, prescriptions, etc., for achieving these economic goals. Likewise, he may use this occasion to present a program for legislative action; this message usually becomes a political document of major importance in the state's political affairs. If he is a skilled governor and particularly if he has learned the art of capturing public support, his message to the legis­ lature may become the rallying point for the various forces he is able to enlist on his behalf.Hence, roost of the major legislation introduced in a given legislative session emerges from the governor's office.

Closely related to the governor's power of initiative in legislative matters is the preparation of the budget, which he constructs in cooperation with members of his staff. Generally, the budget consumes the bulk of the time in the first months of a legislative session, thereby dominating much of the initial decision-making in the legis­ lature, And the governor's budget is perhaps the most momentous policy document to appear before a session of a legislatureA governor's control over the formulation of a state's budget is basically his roost formidable power; his fiscal views are reflected in the budget's contents.

In addition to his powers to deliver messages to the legis­ lature and the submission of the executive budget, the 155 governor of a state is empowered to call special sessions of the legislature to deal with special subjects whenever the need arises. Further, the governors of all the states have the power to veto legislation^^ except in

North Carolina; this power may exercise dominant influence in deterifiining the success or failure of a given piece of legislation.

The political bases for a governor's power are visible in his role as party leader, his ability to influence public opinion through the mass media, and his use of the enormous amount of patronage at his disposal. In the first instance, the governor's influence is greater in competitive two-party states where his party has a majority in the state legislature, but even when the opposite situa­ tion is prevalent, the governor who is a powerful political

leader can bargain with recalcitrant forces from the effective vantage point inherent in his office. In

attempting to influence public opinion within a state, the governor has the mass media at his disposal, and the

opportunity to call press conferences at will. Within the

last few decades the press conference, radio, television,

and modern transportation have modified the nature of the

governor's political leadership in the legislature.^^ But

it is perhaps political patronage that constitutes the

chief means by which a governor exercises major influence

with legislators, when endeavoring to get his legislative ■ programs successfully passed through the legislature. In this contextJ patronage refers to jobs, contracts, road projects and other favors that the governor can offer a legislator, his friends, or his districtThe whole gamut of political favors are included under the rubric of patronage; hence, in most stages, the dispensing of jobs offers the governor one of his best opportunities to influence legislators.^^ I lis appointive power is expansive in that it involves judgeships as well as the numerous positions available with state departments and agencies.

There are, hov/ever, some limits placed on his appointive powers by state civil service requirements. Nevertheless, whether or not a particular governor actually provides legislative leadership depends, in addition, to the afore­ mentioned constitutional and political powers, on the presence or absence of a tradition of gubernatorial leader­ ship in his state and the concept v;hich he holds of his proper role in government

From the preceding analysis of the powers of governors in the American states, it becomes readily apparent that the legislative influence of governors varies from state to state and also sometimes even within states ; no precise system of measure, to date, has been devised which permits a precise measurement of gubernatorial influ­ ence across state lines.In the long run, given the array of alternative uses of the governor's powers in legislative affairs, his greatest power is probably that of persuasion--his ability to win friends and supporters for his projects.

The governor's staff includes the personnel comprising the executive office of the governor along with his close personal assistants. The staff is significant in assessing the influence any group has with the governor of a state, for they make up his administrative team.

They are instrumental in assisting the governor in initiating and implementing his legislative policies and programs. And they similarly help to alleviate some of the pressures of the office that ordinarily weigh heavily on the governor's shoulders. For example, many individuals seeking jobs and special favors from the governor are generally handled by his staff; likewise, citizens requesting conferences with the governor oftentimes are referred to his special assistants. Then it is essential for any individual or group wishing to reap benefits from

the governor's office to establish good rapport with his

staff. In essence, the governor's staff is the vital

intermediary party within the interacting between the

governor and legislators.

In Ohio the current governor possesses the array of

the previously alluded powers of the office; however, the

most crucial restraining force on this exercise of those

powers is the fact that the governor's party, the Democrats, 158 are in the minority in both houses in the Ohio General

Assembly. But, in spite of that, those powers enjoyed by the current Democratic governor of Ohio are sufficient for exploring the nature of this political relationship between the governor, his staff, and the black legislators in the Ohio House of Representatives.

From the outset, the proposition is maintained that the relationship existing betvfeen the current governor, his staff, and the black legislators is a cordial and fruitful one; influence is reciprocal between these political entities. This evaluation of the relationship stems from the existence of the follovd-ng contributing conditions;

(1) the governor is a political liberal and has exhibited sincere commitment to providing equal job opportunities for blacks and other minority groups in the state, thus the number of blacks working with state government has in­ creased; (2) the governor appointed a black legislator as his advisor on minority affairs— he is liaison between the governor and the black legislators, and he additionally searches for and screens black job applicants; (3) nine of the ten black legislators and the governor are of the same political party and are likely to be allies on most partisan matters; and (4) the black legislators themselves are convinced that the governor is sincere in his relation­ ship with the group and in his commitment to advancing the v/e31-being of the disadvantages citizens in the state. Political observers and coirïnentators on Ohio politics view Governor John Joyce Gilligan as a political liberal .22 his political philosophy, coupled with his political be­ havior, support such a labeling. Specifically, the governor is committed to expanding government services to citizens in Ohio as never before through increased government spend- ing--the necessary revenue is to be achieved through taxing individual citizens based on ability to pay. Remarks in the governor's political addresses and his budget re­ flect this liberal posture.

In an interview with the press shortly before his inauguration, the governor outlined his philosophy of the governor’s role when he maintained:

. . . I can run it at any level they want. I ca n ’t determine what level it will be. The people will ultimately decide that through their elected representatives.

It’s essentially my job to make the options known to the general public. What are the choices? What are the costs? What are the benefits? Once they make the decision, my job is to try to see that programs are administered as effectively and energetically as I c a n . 23

In addition, the governor made it clear that he was cogni­

zant of his predicament, i.e., having to contend with a

Republican controlled legislature that makes policy

decisions; however, he remarked on this point:

. . . I take the position that I’ll have the job for four years whether the legislature votes an additional $1 million, whether they cut $1 million, or whatever they do. I’m sitting here and I'll run it any way they want it

When he was inaugurated as the 62nd Governor of the

State ox Ohio on January 18, 1971, he vowed to fashion a better society for all Ohioans. He pledged;

. . . To strive to be within the limits of our human talents, within the limits set forth by our Constitution and our laws, the instruments by which (the people of Ohio) will fashion the society in which we and our children shall live.^5

In concluding the same address, he called upon Ohioans to:

Command us to undertake the fearful struggle to build a society based upon justice, order and mutual respect, enriched by com­ passion and hope. If you so command us, vje, your servants, will strive with all our strength to give substa-nce to your dream of a better world and a better life, as God is our witness.

At the beginning of his administration, the governor established a list of priorities for his administration illustrative of his desire to increase the quality and quantity of government services in the state. He cited education, mental health, and corrections at the top of his list, charging that the state is responsible for previous failures in these areas.Appearing on the list of priorities also were local government services, which he claims are the responsibility of the state, along with environmental protection, a responsibility he contends is

to be shared jointly by the state and Federal governments.

His "State of the State" message of March, 1971, gave 161 additional warnings to failures in these same areas and he voiced again the commitment of his administration to realizing improvements in these areas of government services.

Speaking before the First Annual Banquet of Black

Elected Democrats of Ohio, the governor continued to convey his pledge to provide additional services for

Ohio's citizens and particularly his avowed aim of enlarging opportunities for minorities in the state. He charged that

"no state in the union does less with its resources than

Ohio.Furthermore, he blamed the Republicans for the financial plight of the state and declared, "there is no excuse for Ohio not having the best of everything from schools to medical treatment. On the same occasion, he gave promise to issue an Executive Order prohibiting discrimination by the construction industry in hiring, firing, and laying off procedures and he promulgated plans to appoint a black member to the Ohio Real Estate Commis­ sion, which heretofore did not contain any blacks in its membership. The governor carried out this plan shortly afterwards.

The governor's budget represents a "putting into practice" the philosophy of his administration. As it was initially proposed in March, 1971, the governor’s budget and tax bill then amounted to a $9.17 billion figure and vjould have required a $1.6 billion increase in taxes. But when the budget tax bill finally passed through the

General Assembly in December, 1971, after about nine months of partisan bickering, whittling away of budget

items, supporting and opposing the new personal income tax provision, it amounted to a $7.7 billion budget. This

final revenue package came only after the deliberations of

a fourth Senate-House Conference Committee, having revised many of the proposals offered by the three previous committees.

In the House of Representatives, the vote on passage

of the budget was 56 to 46, and the bill passed the Senate

by a vote of 17 to 15.^^ As expected, the Democrats in

the House solidly supported the administration’s budget,

with only 2 of the 45 members voting "no"; hence, on the

final vote, 43 Democrats joined 13 Republicans in passing

the budget tax bill--opposing the bill were 40 Republicans

and 2 Democrats, The 9 black legislators voted with the

administration, and so did the lone black Republican.

A news account appearing shortly thereafter provided an

explanation for the black legislators’ behavior in sup­

porting the finalized budget tax package. It reported

that :

The /black legislator^ supported the bud­ get after Gilligan aide, ______, promised that an upcoming gubernatorial executive order on non-discrimination in state hiring would be broadened to include all highway projects and state service o p e r a t i o n s Given the strategic bargaining position of the black legis­ lators in the closely- contested partisan struggle over the budget, the news account is not to be easily doubted--for the black legislators were, indeed, in a bargaining position--holding 9 crucial votes.

In addition to providing for a $760 million increase in government spending through June, 1973, a graduated personal income tax of 1.5 to 3.5 per cent is included in the budget and it expects to amass $381.5 million in revenue.Other major items contained in the final budget are;

. . . A 4 to 8 per cent corporate income tax, with the higher rate applied to earnings above $25,000; a reduced-rate serverance tax; a net increase of three cents per pack in cigarct taxes and higher taxes on insurance companies, financial institutions, and dealers in securi­ ties. . . . . An across the board reduction of 5 per cent on 1971 land taxes and a 10 per cent property tax reduction the following year. . . . Reductions of $2,000 to $5,000 in property valuations for home owners 65 years of age and older with adjusted gross incomes of $8,000 or less.34

Upon reflecting on the budget’s passage. Governor

Gilligan expressed gratitude and optimism; he commented:

. . . The taxes represent the fairest possible base for state financing. I believe this base will enable us to plan sensibly for the financing of state government for decades to come and will remain our equitable way of paying for the services all of us want and need.33 164

Even though the finalized budget is reduced somewhat from the figures contained in the original tax package, it is still, without a doubt, the most revolutionary tajc reform plan in the state's history. Some of the particulars forming the basis for this conclusion appear below:

. . . The $7.7 billion budget. . . represents a $1.3 billion increase over former Governor James A, Rhodes' final biennial budget ($6.4). It is less than the $9.1 billion package proposed to the assembly by Gilligan on March 15.36

The graduated personal income tax provision, the state's first, enabled Ohio to become the 43rd state with a personal income tax. Thus, the governor's budget as approved shows evidence of the efforts of his administration to improve the quality of life in Ohio by expanding and improving government services for the state's citizens. This same point was made when one of the supporters of the governor's budget maintained, "The compromise bill the best way way to end the long stalemate. It provides substantial property tax relief and will permit the state to meet its obligations.

It was earlier noted that the governor appointed a black legislator as his advisor on minority affairs ; this

appointment and position further illustrates the governor’s commitment to advancing the aims and aspirations of dis­ possessed minorities in the State of Ohio. The governor's

advisor on minority affrdrs is one of the most influential 165 black legislator-politic! ans in the state.Representative

C. J. McLin, the black legislator who holds this appointment, previously served as co-chairman along with former astro­

naut John Glenn of "The Citizens for Gilligan Committee.

Gilligan is the first governor in Ohio's history to appoint

a black legislator whose duty it is to serve as patronage chief for black and minority political appointments. This factor per se is indicative of the governor's avowed sincerity in effectuating his promise to recruit more blacks for high level jobs in state administration, i.e., the minority affairs position is indeed functional to the realization of recruitment and creation of more jobs for blacks with state government. In addition to his duties as patronage chief, the advisor on minority affai.rs is the

acknowledged liaison between his fellow black legislators

and the governor's office. For this reason, this advisor

to the governor is enabled to obtain an audience with the

governor upon short notice; as a matter of fact, he meets

regularly with the governor's cabinet and the governor

has an "open door" policy toward him.

Another situation reflective of this influence with

the governor is seen in the fact that both the black

legislators and the governor are members of the Democratic

party; and since the governor and the black legislators

share minority party status in the legislature, they are

prone to stick together, especially in supporting strictly 166 partisan matters in the legislature. The roll call analysis in Chapter V demonstrated this tendency, and so did the ’’budget fight.” Significant also is the fact that one of the black legislators served on the governor’s

’’Speaker’s Bureau.” In the initial stages of the new

Democratic administration, and shortly thereafter when the budget was first introduced in the House of Representatives, members of the "Speaker’s Bureau" had the responsibility of traveling around to various parts of the state making speeches designed to solicit support for the governor's tax package. Then too, the governor hails from one of the state’s urban areas and has a tendency to show sympathy for the problems and concerns of the cities--the governor previously spent 12 years of his career as a city council­ man. Since the black legislators themselves represent pre­ dominantly urban areas, another common denominator is found for calculating the dimensions of this basically harmonious relationship between the governor and the black legislators.

Aside from these dimensions depicting the relation­ ship between the governor and the black legislators, the interview data further supports a positive assessment. One significant way of viewing this relationship is through consideration of instances wherein black legislators have solicited support, in terms of jobs, information, etc.. 167 from the governor's office. Ninety per cent of the black legislators indicated they had solicited the support of the governor's office at one time or another during their tenure in office. 'In most instances, they were pleased with the results of conferring with the governor’s office.

The interview data explains that these conferences with the governor and/or his staff ranged in time from fifteen minutes to a whole day. Still another factor revealing the relationship between the governor and the black legis­ lators unfolds vjhen considering their response to the interview question, "Do you believe that the governor is concerned about the needs and problems of black citizens in the State of Ohio?" Ninety per cent responded with a

"yes"; likewise, 70 per cent regarded the current governor as highly concerned with the plight of black Ohioans.

Some of these remarks were stated in the terras that follow:

A. Governor Gilligan is a liberal and sensitive to the needs of blacks.

B. I think he is highly concerned; he is sensitive enough to know that there are certain things in Ohio which need to be served.

C. He is "open" about problems relating to blacks. I've never seen such done by a governor before— this is a bold approach.

D. The only reason that the governor would be concerned is because of the votes that can be delivered. He is a liberal and a politician, and a politician is concerned about votes. E, The administration is very committed; the present governor is really sincere in what he is doing.

Mi at one finds in these comments are clear perceptive assessments of the governor’s avowed sincerity and commit­ ment to advancing the opportunities and economic status of blacks and other minorities in the state. Because the black legislators believe the governor is sincere, a basically harmonious relationship is facilitated; i.e., the nine Democratic black legislators hold the governor in high esteem and even regard the relationship as improving.

Therefore, the evidence demonstrates that primarily because of the governor’s liberal philosophy and partisan factors, the black legislators have enjoyed good access to guber­ natorial patronage; they have sought and obtained jobs for constituents in their districts; sought support for minority students at state universities in Ohio, including

Central State; and sought support for aid to education in general. Resultingly, the black legislators have exhibited significant influence vàth the state’s chief executive and have generally reaped lucrative benefits from this basic­ ally harmonious relationship.

The Black Legislators and the St ate Bur e aucr acy

The state bureaucracy in Ohio represents vital sources of information on government operations s^riLthin the state; various departments in the bureaucratic complex engage in research of special interest to their area of specializa­ tion and they prepare reports to be utilized as source materials at open committee hearings in the legislature.

Most departments follow the progress of legislation affecting their functions closely when the legislature is in session and are usually able and willing to answer questions on what they conceive to be the effects of a given proposalMany of the departments, agencies, and the staff of the governor’s office provide bill drafting services on proposals of interest to them."^^ As in most any administrative complex, the bureaucracy plays an integr^il role in policy formation, primarily because they are information specialists in their particular areas of concern and accordingly they possess experience and expertise in the functioning of the state’s administrative machinery.

In Ohio the bureaucracy is contained in 23 depart­ ments, 87 agencies, and 161 boards and commissions;'^^ how­ ever , it is not the aim of this research to delineate the ramifications and dimensions of the entire bureaucratic complex characteristic of the state’s administrative machinery. But rather, the focus on the bureaucracy for purposes of this research stems from the capacity for this administrative machinery to function as a source of jobs for a legislator’s constituents, and as a storehouse of knowledge and expertise on government operations. Conse­ 170 quently, the main concerns then are the appointments of black citizens to jobs lyith the state bureaucracy under the Gilligan administration along v/ith the nature of information and support solicited by the black legislators from the bureaucracy. As discussed earlier in the chapter, there exists a trend toward an increase in the number of blacks appointed under the current administration, and this administration has voiced a commitment toward employ­ ing more blacks and minorities with state government.

Of the 23 major departments in Ohio’s state govern­ ment, blacks occupy two directorships, e.g., over the departments of Corrections and Employment Services. The two black directors account for 9 per cent of the director­ ships of these major departments. Bennett Cooper is a carry over from the previous administration, while William

E. Games received his appointment from Governor G i l l i g a n .

However, it was under the administration of former Governor

James A. Rhodes that the first black Ohioan was appointed to the directorship of a state department. The former governor appointed William Q. Walker of Cleveland, editor and publisher of The Call and Post, as director of the

Department of Industrial Relations.

In an effort to evaluate the functions of the various departments of state government as they relate to the per­ ceived needs ox the black legislators’ constituents. 171 the black legislators were requested to rank the departments of state government accordingly. The results appear in

Table 12.

STATE DEPAiîTMEhTS RANKED FAVORABLY BY THE BLACK LEGISLATORS

Per cent Cited by Department Black Legislators

Public Welfare 70 Education 50 Employment 40 Urban Affairs 30 Corrections 20 Finance, Health, Local Govern­ ment and Development 10

The rankings received by these departments are indica­ tive of the perennial needs and problems of black communi­ ties as a whole (e.g., welfare^ education, unemployment, etc.). It is significant to note here that the two black directors supervise two of the departments receiving high rankings.

As pointed out earlier, the state bureaucracy provides numerous job opportunities for a legislator’s constituents, as well as serving as a source for supplying specialized information--a sampling of the black legislators’ rela­ tionship with the bureaucrats, then, furnishes an additional means of evaluating their influence. To deter- ir.ins the nature of this relationship, the black legis­

lators were requested to indicate whether they ever had

the occasion to request the support of a department chairman or a laercber of his staff. Eighty per cent had

solicited such support, while only 20 per cent had not.

All of those who had contacted these bureaucrats were pleased vdth the responses received from their requests.

Typical requests made to bureaucrats by the black legis­

lators fall in the categories that follow; (1) welfare problems, (2) model cities programs, (3) highway con­ struction, (4) the construction of a barber college in a black legislator’s district, (5) grants to law enforce­ ment, (6) requests to have a motel constructed in a black

legislator’s district with the possibility of the franchise being held by blacks, (7) jobs for black con­

stituents, (8) information on special programs involving

a given department, and (9) information regarding bills

pending before the House, Hence, the interviews suggest

that the black legislators have enjoyed success in their

dealings with the departments in the state bureaucracy in

terms of procuring expert information needed to aid

their legislative responsibilities and jobs for the black

legislator’s constituents.

In addition to the two directorships of state depart­

ments held by black individuals, a number of blacks have been appointed to lorjer-ranking administrative posts under the Gilligan administration. There are no specific figures showing the nuriber of blacks employed in each department, but most of the notable new appointments to departmentss bureaus, and commissions made by the current

Democratic administration are listed in Table 13.

Thirty-three per cent of these 57 administrative positions held by blacks are encompassed in the Bureau of

Employment Services. This bureau received previous high rarilcing from the black legislators because of its relative value to the welfare of black constituents. Many of these positions were filled with black individuals and are attributed to the efforts of the black director of the bureau, who sought to get more blacks hired in his department— indeed he has been successful.

In addition to the administrative positions held by blacks listed in Table 13, there are others who received appointment to positions by the governor in 1971. For example, a black Columbus attorney, Napoleon Bell, was

named by Governor Gilligan to the State Board of Tax

Appeals.Irving J. Franlclin, a prominent black Cleveland real estate broker, received appointment to the CSiio Real

Estate Coimnission, becoming the first black to be named to

this corsmission.'^^ Some judicial appointments were also

carried out by the present governor. John L. Francis, HC3.DIIVG KEY ADMINISTRATIVE POSITIONS IN STATE COVERNviENT, 1971 &

Position Admini s tr ator Dspartment Assistant for Minority Affairs Samuel T. Britton Governor's Office Deputy Administrator Irving Lowery Bur. of Employ. Serv. Assistant Director, Personnel Henry Evans Assistant District Manager Walter Diehl Assistant District Manager Earl B. Stamper Oiief, Defense Manpower Ralph Beason Chief, Budget & Time Distribution David Bretz Chief, Equal Employment Services John W. Cooper Chief, Human Resources Robert Hart Chief, In-vsntory Control Charles D. Scott Manager, Cincinnati CEP Office Allen L. Bivens Toledo CEP Office John L. Cohen Cleveland VPC Office Chester Foney Cincinnati VPC Office Loraine Hambrick Manager, Cleveland YCC Office John Moffett Manager, Dayton \PC Office Major Kimock Manager, Toledo VFC Office Doris I'xorrel Manager, Cleveland CEP Office Myron Styles Manager, Cincinnati Claims Office Ernest Thachter, Jr. Manager, Columbus VPC Office Leonard Watson Deputy State Fire Marshal Carl R. Jor.es Chief, Division of Licensing Douglas Russell Deputy Director, Housing and Community Development Troy Grigsby Econ. & Commun. Devel. Chief, Bur. of Community Economic Improvement Bill Johnson Personnel Officer Glenna Brown Assistant Deputy Director Alpho nso Montgomery TABLE 1 3 ( c o n t in u e d )

Posi tien Black Department Adisinistr ator Deputy Director Walter MeCreary Fin Director, Office of Equal Em­ ployment Opportunity Marvin Johnson Deputy Director, Planning Wi Hi am Eu nkley Highways Assistant to Director for Minority Affairs Arthur Hill Chief, Enforcement Division, Bureau of Motor Vehicles Clarence Lumpkin Highy/ay Safety Supervisor, Enforcement Division, District 1, Columbus Roger Germany Supervisor, Enforcement Division, District 4, Toledo Anderson Cheeves Assistant Director Jimmie Jones, Jr. Insurance Personnel Officer George Saunders Liquor Control Cliief, Permit Inspection Mac Sharp Hearing Officer Sterling Allen Executive Assistant for Cincinnati Stores Elijah Scott Executive Assistant for Cleveland Stores Robert Shefton Executive Assistant to Chief of parks Jack Cornett Natural Resources Chief, Fiscal Management Howard Hurst Deputy Director James Bolden Deputy Director Arthur Evans Director, Intergovernmental Act Programs Charles Morton Director, Temporary Help Programs Michael Rivers Assistant Deputy, Recruitment Burton Cooper TABLE 13 (continued)

Black Position Department Administrator Chief, Public Employment Train­ ing Programs Ben Adams Personnel Chief, Counselling Karen Evans Deputy Director, Employment Management Relations Admin. Alvin Wesley Public Welfare Executive Assistant, Special Services Curtis Lewis Chief, Bureau of Food Adminis. Horace Barnett Supervisor, Child Care Resource Development Gwen Jordan Director, Office of Innovations William Williams Building Superintendent, State House Walter Penn Public Works Building Foreman, Wyandott Bldg. Maxwell Ware Deputy Director William Willis Youth Commission Deputy Director Jamas Ward "

^This information ' compiled by the Governor’s Office. 177

another black Columbus attorney was appointed to fill the

seat on the Franklin County Municipal Court vacated in

October, 1971, by the death of the late Judge Alan

Schvvarzwaldar But Francis lost out shortly afterwards

when he sought to retain his seat in the November election.

The other appointment of a black to a judicial seat was

effectuated when Lloyd O. Brown,a promirent Cleveland

attorney, took a seat as a Justice of the Ohio Supreme

Court; he became the second black to serve on the state's

highest court. Justice Robert M. Duncan, the first black

to serve on the State Supreme Court bench, appointed by

former Governor James A. Rhodes, was recently named to the

United States Military Court of Appeals by President

Richard M. rd.xon.

The spirit of these data on blacks serving in adminis­

trative and judicial positions in state government is

indicative of a trend toward an emphatic increase in the

number of blacks employed in state government. And this

condition coincides with the expressed coraiaitment of the

Gilligan administration to attract more blacks to positions

with state government to an extent unequalled by previous

governors. Regarding this matter in the interviews, 90 per

cent of the black legislators charged, however, that

currently blacks do not occupy a proportional share of the

positions in the state bureaucracy; 60 per cent acknowledged the existence of an increasing trend in this direction.

Representative samples follow:

A. The trend is favorable. The governor is very concerned about blacks getting jobs. The black representatives met with the governor on cabinet positions; we wanted 6 of the 23 cabinet posts. We were going to pick the ones affecting welfare, health, etc., but we couldn't find enough qualified blacks to fill the positions.

B. lîicre are not enough, but the trend is increasing.

C. We need a Blue Chip Commission to check the number of blacks on jobs (in state govern­ ment) , We are not looking for token jobs; for example, secretaries, etc. We want department heads and on down the line.

D. There has been a 100 per cent improvement in this administration as opposed to the last.

E. We have two black directors; Cooper in Corrections and Games in Employment Services--the trend is toward an increase.

This chapter examined the black legislator’s relation­ ships with interest groups, the governor, his staff, and the state bureaucracy as indices for a further appraisal of the influence possessed by these legislators. The evidence confirms the black legislators’ influence with these participants in legislative decision-making. The findings emerging from the efforts in the chapter demon­ strate that the black legislators were successful in ob­ taining from these participants in the legislative environ­ ment technical information to aid in their work, financial support for election campaigns, and jobs for their con­ stituents. All of these rewards aure symbolic of influence. Footnotes for Chapter VI

1. Ohio Legislative Service Coamission, A Guidebook for Ohio Legislators (Columbus: Ohio Legislative Com­ mission ; 197if'i , p. 94.

2. Harmon Zeigler, Interest Groups in American Society (Englewood Cliffs: ‘ Pré ntice-l fall, Inc., 1964), p. 276.

3 . William J. Keefe and Morris S. Ogul , The American Legislative Process: Congress and the States (2nd e d . ; Erjglewood Cliffs: Prentice-Hall, Inc., 1968) , p. 358.

4. The extent of interest group strength within in a given state depends upon a number of other factors. The most crucial determinant is the degree of party competition; accordingly, where party competition is keen, interest groups play a role secondary to parties. Furthermore, there are some states where certain economic interests show some potency; for example, the Anaconda mining interests in Montana and the automobile workers in Michigan. But there is no one interest group in Ohio commensurate with either of these two groups; however, interest groups in the state exhibit a significant degree of influence in the legislative process.

5. Malcolm E. Jewell and Sanmel C. Patterson, The Legislative Process in the United States (New York: Random House, 1966), p. 277; see also Lewis A. Froman, "Some Effects on Interest Group Strengths in the States," American Political Science Review, LX (December, 1966), 954.

6. John C. VJahlke, Heinz Eulau, William Buchanan, and LeRoy C. Ferguson (ed.). The Legislative System; Explorations in Legisla.tive Behavior (New York: John Wiley and Sons, Inc., lSô2j7~pT~225.

7. Harmon Zeigler and Michael Baer, Lobbying : Interaction and Influence in American State Legislatures (Belmont, California: Wadsworth publishing Company, 1969), p. 9.

8. David Truman, The Governmental process (New York: Alfred A. Knopf, 1951), p.

9. Malcolm E. Jewell and Samuel C. Patterson, op. cit., p. 297. 13.. For a comprehensive discussion of this subject, see: Coleman B. Ransone, Jr., Office of Governor in the United States (University Alabaina: University of Alabama Press, 1956); another book by the same author. The Office of Governor in the South (University of Alabama, University of Alabama Press, 1951) ; Duane I.ockard, The New Jersey Gover nor : A Study in Political Povver (Princeton: D. Van Kostrand Company, Inc., 1964); a dated but signifi­ cant reference is Leslie Lipson, The American Governor from Figurehead to Leader (Chicago: University of Chicago Press, 1939); Coleman B. Ransone, Jr., "Political Leader­ ship in the Governor's Office," Journal of Politics, XXVII (February, 1964), 197-220.

12. Thomas R. Dye, Politics in States and Communities (Englewood Cliffs: Prentice-Hall, Inc., 1969)7~P• 141.

13. Ibid.

14. Malcolm £. Jewell and Samuel C. Patterson, o p . cit., p. 108.

15. Thomas R . Dye, o£. cit., p. 158.

16. In 41 of the states, governors can veto specific items of a bill without vetoing the whole bill per se; this is referred to as the "item veto."

17. Malcolm E. Jewell and Samuel C. Patterson, op. c i t ., p. 113.

18. Ibid., p. 120.

19. Ibid.

20. Ransone, The Office of Governor in the United States, op. cit.

21. Joseph A. Schlessinger, "The Politics of the Executive," in Herbert Jacob and Kenneth N. Vines (eds.), Politics in American States (Boston: Little, Brown and Company, 1965}, p. 198.

22. The Columbus Dispatch, January 10, 1971.

23. Ibid.

24. Ibid.

25. The C all and Post, January 23, 1971. 26. Ibid.

27. The Columbus Dispatch, January 10, 1971, op. cit.

28. The Call and Pcis t,, November 20, 1971.

29. Ibid.

30. The Columbus Dispatch, March 16, 1971; The Call , April 10, 1971,

31. The Columbus Dispatch, December 11., 1971.

32. Ibid.

33. The Columbus Dispatch, December 12., 1971.

34. The Columbus Dispatch, December 14,, 1971.

35. The Columbus Dispatch, December 11., 1971.

36. Ibid.

37. Ibid.

38. The Cincinnati Herald, November 28,, 1970; The Columbus Dispatch, March ii, 1971; The Journal Heraid, August 1 9 5 1968 ; The Journal Herald, November 16, 1970; The Journal Herald, April 20, 1970; The Journal Herald, November 18, 1970; John Fleiscbraan, "The Kingdom and Power of C. J. McLin," Rap, II (March, 1971), 4-9.

39. This was the official name given to the governor's campaign committee when he campaigned for election in the 1970 gubernatorial election.

40. The Legislative Service Commission, op. cit., p. 96. — ---

41. Ibid.

42. The Columbus Dispatch, January 16, 1972.

43. See The C all and Post, January 2, 1971.

44. The Call and Post, March 14, 1970.

45. The Columbus Dispatch, February 19, 1971. 46. The Call and Post, January 15, 1972.

47. The Call and Post, October 23, 1971.

48. The Call and Post, January 1, 1972; The Columbus Dispatch, December 6, 1971.------CHAPTER VII

CONCLUSION

The concept of influence represents an integral part of the legislative process; and any evaluation of legis­

lative inputs and policy outcomes must, of necessity, weigh the influence exercised by various individuals and

groups in the legislative environment. This exploratory

study focusing on the 1971 session of the Ohio House of

Representatives and utilizing an informal group of black

legislators as the primary unit of ansd.ysis clearly sub­

stantiates the influence maintained by the black legisla­

tors in the Ohio House. Moreover, the influence exercised

by the black legislators was generated both individually

and in group proportions.

In the initial stages of this work, a research

design was constructed establishing a model of influence

which defined it as: A influences B to the extent that

he can get B to do something he would not ordinarily have

done on his own volition. The model of influence included

three dimensions: influence predicated on the individual

legislator's personality, influence based on institutional

position, and influence generated from an organizational

power base.

1 8 4 Ail of the seven black veteran legislators are influ­ ential as individuals because of their cooperativeness, logrolling, and industry.^ Moreover, the six veteran

Democrats are influential due to their roles as subject- matter experts on matters of race relactions and problems of the "inner city"; especially in the former case, the black legislators are frequently consulted on matters pertaining to race vfnen issues of that nature appear be­ fore the House in the form of legislation. Often the black legislators take it upon themselves to inform their white colleagues in meetings and on the House floor on matters relating to the black experience; consequently, they are acknovjledged experts in this area. Additionally, the black legislators derive individual influence from the partisan brcakdovm in the House. With a 54 to 45 split between Republicans and Democrats, there is only a 9-vote difference; neither party can take too much for granted, since sometimes Republicans vd.ll vote with Democrats and vice versa. In a situation of this sort, every vote counts and every possible vote is sought after in that it requires only a simple majority of those present and voting to pass any piece of legislation through the House of Representatives. This partisan distribution places the black legislators in a strategic bargaining position

(individually and as a group) . 186

Three of the black legislators hold institutional positions which bestow influence on them. For example, the minority vjhip's position is one which allows the black legislator who occupies this position to "wheel and deal"; i.e., by finding out who is voting one way or the other, he is in a strategic position to engage in logrolling and he can keep his fellow black legislators informed of the way a given tally on a vote is shaping up. The black

Republican legislator, as chairman of the Committee on

Interstate Cooperation, is enabled to wield influence be­ cause of his seniority and the prestige of his position.

The advisor to the governor on minority affairs serves

as a liaison between the chief executive and the black legislators; his influence is effectuated with the governor himself. In addition, one of the black legislators is influential because he heads one of the most powerful political organizations in any black community in Ohio.

The strength of this black legislator's political organ­

ization is widely recognized by Democratic candidates

seeking national or statewide office— it's always to

their advantage to get the backing of his organization.

It is chiefly credited to this factor that he co-chaired

the "Citizens for Gilligan" campaign committee.

In order to ascertain the black legislators' influ­

ence as a group, indices for this purpose ware operation­

alized from the research design. The indices included the follovring; (1) the black legislators’ own perception of their influence as a group; (2) the perception of the black legislators’ influence as viewed by their white colleagues in the House; (3) the relationship of the black legislators and their political parties; (4) the bloc voting potential of the black legislators; and (5) the black legislators’ relationships with interest groups, the governor, his staff, and the bureaucracy. Examination of these five indices in this study confirm the black legislators' influence in the House.

The black legislators, in the first instance, look upon themselves as an influential segment of the Ohio

House of Representatives; i.e., they believe themselves to be influential as a group and this perception gives the black legislators a positive view of themselves and likev/ise a positive approach to their jobs as legislators.

Both are functional to the exhibition of influence by a group. But it was not enough merely to study how a group views itself internally; an outside view was essential for weighing the group's total impact. Therefore, the white colleagues’ views were canvassed on the subject of the black legislators' influence as a group. Seventy per cent of the white legislators look upon the black legis­ lators as an influential group in the House of Representa­ tives. This assessment was predicated on their view of 183 the black legislators as subject-matter experts, as an ad hoc voting bloc and collectively possessed with group strength.

Regarding the relationship between the black legis­ lators and the Democratic party, the nine black Democrats with 20 per cent of their party's membership in the House are considerably influential. Through negotiation and sometimes protest in the past, the black legislators have won a greater voice in partisan decision-making and also share wider leadership roles and party responsibilities.

The positions they now hold result from their influence with the party. Their fellow Democrats also concede their

influence with the party. Additionally, the 49 roll calls sampled in the study showed that the black legislators are more loyal to the Democratic party than whites, meaning

they have a greater tendency to vote along with the party,

especially on strictly partisan issues. While the rela­

tionship wi th the Democratic party is not perfect (there

are sometimes tensions and conflicts), a good working

relationship flourishes between the black legislators and

the Democratic party. In fact, the evidence in this study

demonstrates that the black legislators possibly have a

greater impact with the Democratic party than on decision-

malting in the House as a whole.

The examination of the bloc voting potential of the

black legislators confirmed the absence of such a bloc and the conclusion was made that they do vote together vhLth relatively high frequency. For example, out of the 49 roll calls, the black legislators voted together as a bloc on

69 per cent of the'times. The main factors which explain why the black legislators voted together as a bloc on occasions are founded upon their behavior related to legislation containing racial overtones and legislation

inimical to the welfare of the "inner city," Any time

legislation of this nature is pending, the black legisla­

tors are likely to vote together as a bloc; they will also

split with the Democratic party if the party adopts a

stand on a piece of legislation which jeopardizes black

interests or urban interests. Aside from these instances,

the black legislators vrlll vote personal preferences and

no solid voting bloc is cemented.

The findings relative to the black legislators*

relationship v/ith interest groups, the governor, his staff,

and the bureaucracy confirm their influence with these

prime participants in the decision-making process in the

Ohio House of Representatives. From interest groups the

black legislators have been successful in procuring jobs

for their constituents; they have benefitted from the

expert information furnished by these groups and they have

secured campaign support, particularly from labor unions.

Traditionally a supporter of civil rights causes, labor 190 unions have had a strong impact both in the House and in the legislators' districts. Civil rights groups have also been supportive of the campaigns and work of the black legislators in the House. Hence, interest groups have aided the work of the black legislators in the aforementioned ways.

An exceptionally good relationship prevails between the black legislators and the governor of the state. The following factors contribute to the substance of this relationship: (1) the governor’s espousal of political liberalism causing him to exert efforts to advance the condition of blacks and other havenots in the state primarily through increased government spending; (2) his appointment of a black legislator as his advisor on min­ ority affcdrs who searches for and screens black job applicants; (3) the black legislators and the governor are members of the Democratic party and party loyalty causes them to form alliances on most partisan issues, i.e., their support is frequently sought on partisan issues; and

(4) the black legislators themselves believe the governor is very sincere in his relations with them and his commit­ ment to improving the plight of disadvantaged citizens in the State of Ohio. Furthermore, the governor has appointed blacks to jobs they never had the opportunity to hold before, thereby contributing to an increase in the 191 number of jobs with state government now held by black

Ohioans. The black legislators, in addition, have enjoyed success with the governor's staff whenever they have had the occasion to request favors from them and this is functional to the black legislators' exercise of influence.

A complex bureaucracy is functional to providing jobs for a legislator's constituents and supplying the technical information essential to coordinating this work in the legislature. Eighty per cent of the black legislators maintained they had the occasion to solicit the support of the bureaucracy at one time or another and they were pleased with the results received from these requests.

Under the current Democratic administration, two blacks are directors of major departments in the state bureaucracy.

They are the directors of the Department of Corrections and the Department of Employment Services. A number of other black citizens have been appointed to jobs below the directorship level in the various departments and the influence of the black legislators along vfith the governor's concern contributed to these appointments. Consequently, the black legislators were found to exercise influence with the bureaucracy as it relates to procurement of jobs and technical information. However, the black legislators contend (100 per cent) that black citizens in Ohio still do not occupy a proportional share of jobs contained in the bureaucracy, but they likewise believe the trend is

B'-cving toward a period of change with blacks receiving jobs with state government in encouraging proportions.

Summary of Evidence Related to the Hypotheses

Hypothesis I

The nine black Democratic members of the Ohio House of

Representatives constitute an informal group; the one black Republican, because of the distinct nature of his constituency, is a deviate from this pattern. Further, esprit de corps exists among the nine black Democrats and their informal organization serves as a means of socializing the members into the larger body. The informal grouping functions as a source for the dissemination of information of mutual interest to members of the group.

The black legislators form only one of several infor­ mal groups in the Ohio House of Representatives. Informal groups in the House appear in categories such as occupa­ tional groupings (teachers, lawyers, farmers, etc.); ideological groups (liberals and conservatives), county delegations (especially Cuyahoga and Hamilton); committee members (Judiciary, etc.); the leadership strata (com­ mittee chairmen and advisors to the Spealter) ; geographical groups (urban, rural and suburban); and a racial group

(the black legislators). Most of. these function as informal groups when there is some legislation before the

House affecting their interests; however, the black legis­ lators meet together as an informal group with a greater frequency than do the others.

When the research was initiated, it was merely assumed that the black legislators coniorised an informal group; the author had no evidence. But to affirm the black legislators' status as an informal group, three sources were employed. They were ; (1) direct observation, (2) self appraisal by the black legislators themselves, and (3) the white legislators’ perception of the black legislators as an informai group.

During the two and one-half months of interviewing, the author observed closely the black legislators* behavior in the House, There is a high degree of inter­ action between the black legislators when the legislature is in session; e.g., conversations are frequent among . various black legislators. %ese legislators also regularly have meals together and they often attend meet­ ings together outside the legislative chambers in group proportions. Furthermore, the black legislators them­

selves acknowledge their status as an informal group; 60 per cent of these legislators identified other black legislators as their closest friends in the House of Repre­

sentatives- -this was another means of testing their informal

group. 194

During the two and one-half months of interviewing, the author observed closely the black legislators’ behavior in the House. There is a high degree of inter­ action between the black legislators when the legislature is in session; e.g., conversations are frequent among various black legislators. These legislators also regularly have meals together and they often attend meet­ ings together outside the legislative chambers in group proportions. Furthermore, the black legislators them­ selves acknow'ledge their status as an informal group;

60 per cent of these legislators identified other black legislators as their closest friends in the House of

Representatives--this was another means of testing their informal group posture. These are the people with whom the black legislators most often fraternize after the legislative session, at parties, dinners, and in casual chats, etc.

The black legislators initially came together as an informal group during the 107th General Assembly in 1967, and have remained the same since that time. Possessing similar social characteristics and representing predom­ inantly black constituents, the black legislators envisioned a need to assemble as a group to discuss common problems and to protect and oversee black interests— the same rationale still stands. Formed concurrently in 1967, 195 and comprising all of the black Democratic legislators, was the Black Elected Officials of Ohio. This organization aimed to augment the number of black Democratic office­ holders in the state and likewise serve as a forum for the group's concerns. Impetus was generated by this organiza­ tion which enabled the black legislators in the House to assemble as an offshoot of the larger body of officeholders.

As an informal group, the black legislators meet once or twice a month to discuss pending legislation of interest appearing before the House in a given session; a chairman presides and the executive secretary handles all corres­ pondence and communications for the group. Pa rigid rules govern these sessions; sometimes there is an agenda; but usually it is cast aside, especially when other items pop up demanding prompt attention.

This informal group functions primarily as a means of transmitting communications of interest to black legisla­ tors. The executive secretary's job is to keep other black legislators informed of any developments to which it is essential for them to give immediate responses. When

this task is not carried out by the executive secretary,

any black legislators may inform other black legislators of such developments. In addition to this, the informal group functions among the black legislators to socialize them into the larger body. Significantly, when the seven

new black legislators were elected to the House in 1967, 196 there were no orientation sessions conducted for new members and they felt slighted since they had not yet learned the rules and procedures of the House; currently these sessions are'conducted for new members at the begin­ ning of each legislative session. But in spite of these sessions, the new black legislator elected to the House can expect to be apprised of the rules, procedures, norms, etc., of the House of Representatives by his fellow black legislators; and the new black member elected to the House will immediately find friends who will share his problems and interests. Thus, his induction into this representa­ tive body is facilitated with a minimum degree of tension and discomfort. In the final analysis, this investigation affirms that the informal group furnishes a useful means of studying legislative influence; as a unit of analysis the informal group reveals the web of human relations operative in a legislative assembly such as the Ohio House of Representatives, ivith 99 members who show an almost inevitable tendency to congregate in informal groups.

Hypothesis 2

Race is a factor affecting the behavior of the black

legislators in the Ohio House of Representatives.

Race as a factor affecting the behavior of the black

legislators in the Ohio House of Representatives is

acknowledged on three counts: (1) the black legislators 197 perceive it as a factor; (2) a significant number of white

legislators also see race as a factor; and (3) the state

legislature is a microcosm of the larger society where

race relations are indeed problematic.

Seventy-five per cent of the black legislators

believed their racial identity hampers their effectiveness

as legislators; i.e., they contend because some of their

white colleagues hold racial prejudices, the black legis­

lators, therefore, cannot accomplish as much as they

could if race v;as not a factor. The}' contend further

that since their white colleagues do hold these views,

they (tlisir white colleagues), are insensitive and

indifferent to the needs and problems of black citizens

in the state. Consequently, it becomes their responsi­

bility to protect the interests of their black constitu­

ents from abuse and neglect by those individuals in the

legislature who are racially prejudiced. I^ne of the

black legislators confirmed any acts of overt racism

experienced in the legislature, but they did identify

racism as a covert (indirect) Vciriable in their relations

in the House.

On the other hand, only 25 per cent of the white

legislators interviewed identified race as a factor in

the Ohio House. Attempts were materialized by some white

legislators to present a "rosy picture" of their relations

with the black legislators in the House, as if everything 198 was perfect--without tensions and conflicts. But the segment of the white legislators who did affirm race as a factor, provided some revealing insights into these relations. In fact, a revelation was made by one white veteran legislator that, in his estimation, a black legis­

lator possessing the essential qualifications and tenure could not, at present, win election to any upper echelon

leadership position in the Ohio House of Representatives

because of racial prejudices. He asserted specifically,

"If there was a /high leve^7 position open in the House

and one white legislator ran against one black legislator,

the white legislator would win because there would be

those voting against the black legislator solely on the

account of his race." Another white legislator adheres

to the philosophy that three groups are despised in

American society--blacks, Catholics, and Jews. This

notion, without a doubt, affects his perception of blacks

in the House of Representatives; this same individual

cautioned that "black legislators should choose their

remarks with care when spealcing before the House so as not

to inflame the emotions of the white legislators."

Still another white legislator equated the existence of

racial prejudice in the House with the same predicament

on '^ain Street, USA." According to him, prejudiced

persons are found in both camps. From these instances. 1 99 and closely related ones, it is purported categorically that there is a faction among the white legislators in the

House who are racial conservatives; generally they hold the notion claiming blacks are culturally different, and they are, therefore, bent on opposing legislation, direct­ ly or indirectly, categorically bensfitting black constit­ uents. For exaiûple, some of these individuals are anti- welfare, simply because they believe blacks who receive welfare are lazy and irresponsible. As a result of this belief, they tend to oppose welfare legislation, as well as other similar legislation designed to benefit black con­ stituents. How many white legislators in the Ohio House are racially conservative? This we do not know, since racial prejudice is mostljf a product of invisible factors and, therefore, is not easily subject to quantitative analysis.

Race relations in the total society are always problematic, and since the legislature is a microcosm of the society at large, the same long-standing racial myths, suspicions and conflicts prevalent in the external environment find their way into the legislative chambers.

The individual legislator prejudiced in the larger

society will retain these same beliefs if he is elected to

the state legislature; i.e., individuals bring into the

legislature racial orientations they have acquired through

life experiences outside the legislative balls. Neverthe- ' 200 less, one who has the problem of racial prejudice must slightly modify his views on race in the legislative environment, for the role expectations of a legislator puts him in a position in which he is expected to behave

toward others in a fair and tolerant manner. Kerce, from the perspective of this study, race is an additional means by which one can approach the study of legislative behavior and influence. Political scientists and

observers are now more than ever before beginning to

examine the effect of race on legislative behavior, and

labors of this sort reflect promise for the near future.

Hypothesis 3

The increase in the number of blacks in the Ohio

House of Representatives has effectuated an increase in the

volume of legislation categorically beneficial to black

citizens in Ohio.

A direct correlation is noticeable between the number

of blacks in the House and the volume of legislation

beneficial to blacks emanating from the Ohio General

Assembly. Since 1967, when seven blacks were elected to

the House, the volume of legislation categorically bene-

fitting black Ohioans has increased. To investigate this

claim, one needs only to take a scrupulous journey through

the pages of The Summary of Legislative Enactments pub­

lished annually by the Legislative Service Commission. The publications vdthin this time period disclose that the black legislators have their names inscribed on numerous bills relating to the needs and problems of black const!tuants--the most commonly found categories involve the areas of civil rights, employment, mental health, corrections, education, and appropriations. These areas of legislation generally affect the urban environments wherein most blacks in Ohio reside. In past years, the black legislators sponsored or co-sponsored bills to allocate funds for the creation of day-care centers, have the label of "bastardy" removed from the certificates of babies born out of wedlock, end the practice of racial discrimination in public cemetaries in Ohio, and empoiver the Civil Rights Commission to enforce the Cpen Housing

L a w .

Among the transactions of business taking place in the 1971 session of the Ohio General Assembly, a small number of bills gained the support of the black legisla­ tors as a group.^ These bills were already discussed in

Chapter IV, but to recapitulate, they were (1) H.B. No.658, designed to provide for the creation of a museum for the study of Afro-American history; (2) H.B. Nb. 336, which prohibits members of municipal forces from serving as wit­ nesses and challengers at elections; (3) H.B. No. 295, which malces stipulations for aiding persons who have to relocate their residences to make way for the building of federal projects; (4) H.B. Ko. 494. which arranges for the

separation of the departments of Correction and Mental

Hygiene; (5) H.B. No. 216, designed to abolish the death penalty in Ohio; and (6) H.B. No. 114, which protects the

rights of residential tenants from arbitrary abuse by land­

lords. fll of these bills relate to problem areas for black

Ohioans, and the black legislators labored during the 1971

session of the General Assembly to get these bills through

the House of Representatives. In addition, the black

legislators vigorously supported the administration’s

budget bills, H.B. No. 475, H.B. No. 476j and H.B. No. 477--

the funding of the various areas of government services are

included in these bills.

Hypothesis 4

The black legislators do, in fact, exert influence on

the public policies which emerge from the Ohio General

Assembly.

Most of what has been explained and analyzed up to

this point attests to the validity of this hypothesis. The

author realizes quite well, however, the House of Repre­

sentatives is only one arm of the Ohio General Assembly

and whatever action taken in the House has to be approved

or rejected by the Ohio Senate, but even so, upon reflection

on the public policies formulated in the 1971 regular

session of the Ohio General Assembly, one finds numerous 2 0 3 pieces of legislation contributed to by the black legis­ lators, inclusive of those mentioned in the discussion of

Hypothesis 3. In this session, 109 House bills were passed and 102 from the Senate succeeded; two acts were vetoed by the governor.^ The black legislators, through their influence in the Ohio House, individually and as a group possessing potential bloc voting potential, were prime participants in these transactions. The black legis­ lators are cognizant of their own effect on legislative decision-making, and their colleagues in the Democratic party and in the House, too, concede their influeiice in the legislative process in the Ohio General Assembly.

Typical Char^tsristics of the Black Legislators in the Ohfo I-lbuse of Representatives

Four factors uncovered in this investigation symbolize the typical black legislator in the Ohio House of Repre­ sentatives. They are : (1) racial identity; (4) predom­ inantly black constituency; (3) urban residence; and (4) party loyalty. These variables decisively affect the behavior of the black legislators in the House.

The black legislator, most of all, possesses identi­ fication v/ith the black race; accordingly, he has developed, through life experiences, a distinct set of beliefs on race causing him to strive to protect and over­ see the interests of his race by discretely moving to 2 0 4 defeat any legislation thought to contain racial overtones.

He is usually alert for detection of bills hostile to his race, e.g., those vjhich contain detrimental clauses and

miscellaneous v/ordings that can appear as "sleepers” in

any routine piece of legislation."^ Then too, the black

legislator tends to view politics as relevant to the black

struggle; i.e., ha believes the political arrangements and processes are useful for achieving equality (political,

economic, and social), and for him politics furnished a means by which the civil rights of his race can be main­

tained and expanded. Finally, he is generally a racial

moderate adhering to working within the political system

to achieve racial goals rather than resorting to or advo­

cating violent revolutionary action.

Constituencies elect representatives to the legislature

who possess similar social characteristics and social values;

the local boy with long residence in the community has the

advantage. Economically, his constituency is either a low

income poverty area or a middle income community. Conse­

quently, he will tend to mirror the dominant economic

segment of his constituency by pursuing the course of

action he perceives as beneficial to the people whom he

represents. This factor weighs heavily on the behavior of

the black legislator--his career depends on his maintaining

rapport with those who elected him. 2 0 5

Black residents in Ohio, as in most northern indus­ trial states, are concentrated in urban areas, making the black legislator invariably an urban dweller ; he is most concerned with the problems of cities (e.g., unemployment, public assistance, aid to education, urban renewal, etc.).

His concern for these problems ranks second only to his interest in protecting his constituents against legislation containing racial overtones. He will, therefore, react negatively to any legislation inimical to urban areas.

Lastly, the black legislator is loyal to the Democratic party, even more loyal than his white colleagues. He can usually be expected to vote along with the party on most occasions--especially when partisan measures are involved.

This loyalty to the Democratic party is congruent with the national black voting trend in presidential elections.

All of these four factors are essential for under­ standing the influence of the black legislators in the Ohio

House of Representatives. At times, it becomes very diffi­ cult to determine which variable has the greatest impact in

any given situation, but their import collectively cannot be easily overlooked. However, race is, without a doubt,

the most momentous variable operative on the black legis­

lator— the others are closely related. Suggestions for Future Research

Like most research projects, this study is not all- inclusive but leaves open other opportunities for future research on blacks in the Ohio Legislature. This is especially true since the v;ork contained here embraces the case study technique dealing vdth only one session of the Ohio General Assembly (1971). Other sessions should also be carefully studied.

Of particular worth for supplementary research are the means by which black legislators in the Mouse and those in the Senate (2 black legislators out of 33

Senators), coordinate their work in the General Assembly.

For exanjple, how do the two senators go about drumming up support for legislation previously sanctioned and sup­ ported b;^ their colleagues in the House? Research in this area would clarify the total influence of the black legislators in the Ohio General Assembly.

Another point of interest is the relationship of the black legislators as an informal group to other informal groups in the Ohio House. Such efforts promise to reveal conditions with which the black legislators are likely to be confronted. Occupying 10 per cent of the membership in the House, the black legislators are without a doubt impelled to seek allies in their efforts to get favorable legislation successfully passed through the House. VJho 2 0 7 are the allies the black legislators can depend on for support? Who are those who are most likely to be opposed to issues directly or indirectly beneficial to black citizens? Answers to questions ox this type could be realized through this kind of suggested research.

Field research by way of random sampling within con­ stituencies represented by the black legislators appears to have value for productive empirical research. Question­ naires and/or interviews may reveal the kinds of perceived needs and the order of priority that black constituents see as essential for their welfare. Accordingly, the researcher would be enabled to evaluate these constituency interests and through follow-up research and study in the

House determine how the black legislators go about trans­ mitting constituency interests into policy outcomes; again, possibilities exist in this process for contributing to overall understandings of the impact of the black legisla­ tors in legislative decision-making in the Ohio House of

Representatives.

Stll another area of future concern is the prospect of examining specific types of legislation pertaining to blacks (e.g., civil rights, v;elfare, unemployment, urban renewal), over several sessions of the General Assembly by taking extensive roll calls and afterwards formulating more inclusive generalizations related to black voting patterns, the extent of split voting among black legislators 208 against the party and their intensity of party loyalty in the House as compared to their white colleagues and

Republican opponents.

It was found, too, in the process of this research that Akron (unlike Columbus, Cleveland, Dayton, Cincinnati, and Toledo),with a considerable black population, does not have a black legislator. One could conduct research in the Alcron area aimed at v^eighing socio-economic conditions, geographical factors and residential patterns which make for the absence of a black legislator from that area. Con­ ditions found to prevail there may than be contrasted with those existing in black constituencies in cities with black legislators representing them in the legislature.

Finally, it is hoped that the research findings con­ tained here, along with the recommendations for later work mal

1. The three freshmen black legislators are not counted in this category in that they had to spend the bulk of the 1971 session attempting to adjust to this new political experience.

2. During the 1971 session of The Ohio General Assembly, most of the time was consumed in the budget battle, thus prohibiting the passage of a number of bills which would otherwise have been given more attention. Among the bills generally supported by the black legis­ lators as a group: H.B. Mb. 295 passed through both houses and became law on June 11, 1971; H.B. Kb. 658 passed through the General Assembly and became law on September 29, 1971; H.B. Mb. 336 and H.B. No. 494 both passed the two houses and became law on July 12, 1972; H.B. No. 216 and H.B. No. 114 remained before the House Judiciary Committee at the end of the 1971 session and also did not pass during the 1972 session.

3. Legislative Service Commission, Summary of 1971 Legislative Enactments (Columbus: Legislative Service Commission, 1971) .

5. Editorial Staff, In Black America (Los Angeles: Presidential Publishers, 1971), p. 150.

19 7 1 VOTING ANALYSIS

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89 0 39 0 100 33 0 100 6 0 ICO 50 0

51 43 0 42 100 0 34 100 0 8 ICO 51 . 1

78 0 37 0 100 32 0 100 5 0 100 41 1

84 0 34 0 100 28 0 100 6 0 100 50 0

11 30 73 10 23

88 0 42 0 100 33 o ruviao 62 27 25 15 63 22 10 69 I; I ! : : : 1 I

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S5s3g tilii'-. ivËî Hi I I 1 i SfZE;%:?rE!r.. A P P E K D I X B THE OHIO HOUSE OF REPRESENTATIVES IN 1971

During the current 109th General Assembly, the House of Representatives is composed of 99 members, while there are 33 in the Senate. Senators are elected for four-year terms and House members serve two-year terms; their election is based on population and they are all elected in even-numbered years from single member districts. The members convene for a regular session on the first Monday in January in odd-numbered years following their election; a second session commences not later than March 15 of the following even-numbered year for a continuation of the regular session. Of the 99 members in the House of Repre­ sentatives, 54 are Republicans and 45 Democrats.

Each member of the House of Representatives receives an annual salary of $12,750; the Speaker, $16,750; the

Speaker Pro Tempore, $14,750; the Minority Leader, $14,750; the Major it]/ Leader, $13,750. Installation of these salaries

are payable by the fifth of each month; additionally, each member is paid a travel allowance for one trip to his place

of residence once a week as prescribed by law.

In order to get elected to The House of Representative

in Ohio, one must have resided in his respective district for

219 one year preceding the election, unless absent on public business for the United States, or for the State of Ohio

(service in the arried. forces, etc.). Based on the present reapportionment plan, representation in the General Assembly provides that reapportionment be carried out every ten years immediately following each federal census. The entire population of the state (presently 10,652,017) is divided by 100, and the quotient then becomes the ratio of representation. This process created the current 99 member

House, and each member is supposed to represent approxi­ mately the same population ratio.

Before the construction of the 1965 reapportionment plan, the size of the House membership varied; for example, it consisted of 137 members in 1963 and again in 1965, and was scheduled to register 140 members in 1967. Under the reapportionment plan put into operation that year, it was provided that the House always contain 99 districts, but the boundaries of each district could be shifted with ensuing changes in the population.

The more populous counties in the 109th General

Assembly (1970-1971), Cuyahoga (1,721,301), Hamilton

(924,018), and Franklin (833,241), are represented by 17,

9, and 7 House members, respectively. This brealcdown is

based on the allotments created by the 1967 plan. APPENDIX C HO Ü S E OF REPRESENTATIVES DISTRICTS

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1C Published by TED V/. BROWN L

Mop of Ohio showing House of Representatives Districts as apportioned by tlie Governor, the Auditor of State and the Secretary of State fcr the remaining years of the current deccnnium. APPENDIX D

APPENDIX E Interview Questions

(Black Legislators)

I. Personal Background Inforsjation

1. What were the occupations of your parents?

Father ______

Mother

2. How many children were there in your family?

Brothers ______

Sisters ______

3. Where did you spend most of your time when you vj-sre growing up?

In a c i t y _____ In the Midwest______

In a small town In the South

On a farm ______In the I-forth_____

A combination of In the West ______the above _____

When did you become interested in politics? 5. Hov7 did you reach your decision to seek a seat

in the state legislature?

Wliat groups or individuals encouraged you to run?

Business ______

Labor Unions

professional Organizations _____

Voluntary Associations ______

Civil Rights ______

7. V/nat groups, if any, opposed your candidacy?

8. V/liat governmental or party positions did you hold before winning your seat in the legislature?

How long have you resided in your district?

All your life ______20-29 years _____

80% of your life 10-19 years _____ or over 30 years ______Less than 10 years II. Constituency

1. How many people do you represent?

What is the socio-economic composition of your constituency?

Working class ____ Middle class Upper_____

Average income ______

Average educational level ______

Percentage; Black ______White ______

Percentage unemployment ______

Percentage on welfare ______

Extent of school desegregation ______

How would you rank some of the major interests of your constituents? Give five.

a)

b)

c)

d)

e) How much contact do you have vjith your constituents?

Do you give speeches in your district? Yes _____ No ___

If so, how many per session? ______

Do you receive mail from your constituents?

Yes _____

No ______

HOW m u c h ? ______How frequently?______Constituency

4. (continued)

Is your contact with constituents info3Cznal?

Yes _ m

5. How do you consider your constituency role orientation?

District oriented _____ State-district oriented_

State oriented ______Other ______

6 . Under what circumstances is constituency influ­ ence the greatest?

7. How important is a knowledge of your constitu­ ents' opinions in determining your vote on an issue?

III. The Duties and Responsibilities of a State Represen­ tative

1 . Kow would you describe your job as a state representative? Do you consider yourself influential as a member of the House of Representatives? If so, in what ways do you exercise influence?

3. Does "race" hamper your effectiveness as a legis­ lator?

VJh.at do your duties as a member of the standing committees to which you have been assigned entail?

5. Have you been assigned to any other committees, e.g., joint, special, etc.?

IV. Relationship with other Black Representatives in the House

1. Do the black representatives constitute an informal group? If yes, how often do you meet to discuss mutual problems, issues, etc.? what are the rules of the game for maintaining group cohesion among black members of the House? Among other members?

Who are some of your closest personal friends in the House, i.e., the members you see most often outside the chamber at lunch, dinner, parties or other social gatherings? Name five.

V- Relationship with the House leadership and Committee Chairmen

1. What do you expect of the House Leadership, e.g., Speaker, majority and minority leaders, com­ mittee chairrcen, etc.?

What do they expect of you? What committees are most important for the needs of the black community? Name them. Are black legislators adequately represented on these com­ mittees?

3. Do black legislators occupy a proportional share of the leadership positions in the House? If not, why?

Approximately how many bills have 3/0 u sponsored or co-sponsored during your tenure in the legis­ lature? __ How man)7 succeeded?______How many fnaîed? Of these bills, which did j/'ou consider to be the most important? List them.

5. What do you consider the most important legisla­ tion to pass through the 108th General Assembly? What has been the most important relating to blacks? What will be the chief impact?

Have the black legislators agreed on some legis lation they would like to see come out of the 109th General Assembly?

Vvhat were two things considered to be important in the 108th General Assembly, 1969-1970? In the 109th General Assembly? Which succeeded? Wnich failed? VI. Relationship with Interest Groups

1. What is the extent of the influence of interest groups in legislative decision-making?

2. What interest groups are the most powerful in the Ohio Legislature?

3. Vlnat interest groups are the most powerful in your district?

How, if at all, are interest groups advantageous to you in advancing the aims of your constitu­ ents?

VII. Relationship with the Democratic Party

1. How would you describe the role played by political parties in the state legislature? 2. Doss a great deal of bar mon); exist bstv/een the black legislators and the Democratic party? In the House? In the state? In your district?

Do you consider yourself a party man, political maverick or independent?

Do you vote in the legislature with the Demo­ cratic party most of the time? 95% 75% _____ 50% below 50% Other______

5. Kow often do you think the interests of your district and your party are in conflict on legis­ lative issues?

U’hen they are in conflict, which do you think should ordinarily carry the most weight? 236

Under what circumstances do you think it is necessary for a member to vote ivith his party? Not vote with his party? ______Give instances.

What are the advantages of going along with the party leaders when they seek support from you on a bill? Disadvantages?

Do you believe that blacks receive a fair share of the political patronage dispensed by the Democratic party in Ohio? Yes ______No _____ If no, why?

VIII. Relationship with the Governor and Staff

I. Kas the Governor or some member of his staff solicited your support at one time or another? Yes No __ If yes, under which adminis­ tration and for what kind of projects or measures? Have you had occasion to solicit the support of the Governor’s Office during your tenure in the legislature? Yes ______H o ______If yes, under which adniinistration and for what kind of projects or measures?

How many times did you confer? For how long?

Do you believe that the Governor is concerned about the needs and problems of blacks in the State of Ohio? Yes N o ______Highly concerned ______Slightly concerned______Moderately concerned ______

Do you view the prospects as good for the improve­ ment of this relationship in the future?

Relationship with the State Bureaucracy

1 , hhat departments are the most important regarding the needs of your constituents?

Have you ever had the occasion to request the support of a department chairman or a member of his staff? Yes _____ NP If yes, what v/as the nature of the request? Were you pleased ivith the response from the department? Displeased? Do blacks occupy a proportional share of the positions in the state bureaucracy? Yes N o ______Approximately how may jobs are hiXdTlby blacks? ______. IS the trend toward an in ­ crease in the number of job opportunities for blacks with the state government?

An Assessment of the Future of Blacks in Politics

1 . What is your view on the future of blacks in politics?

In the State of Ohio?

In the nation as a whole?

2. Which of the following political strategies do you consider to be the most effective for black in the future?

a) Coalition politics ______

b) Independent political parties ______

c) Black caucuses within the party system _____

d) Others: (specify) ______

3. Is politics relevant to the black struggle in America? If so, in what ways? If not, why? XI. Miscellaneous

To vjhat extent are you satisfied with the amoTint of influence exerted by the black legislators on the total output of the legislative process in Ohio? .

2. To date, what has been your greatest accomplish­ ments as a legislator?

Do you at present plan to seek any higher political office in the future? If so, which? For what reasons? ______

Is there anything else about the work of the black legislators in the Ohio House we ought to pay attention to in our study? VJîïat? APPEî®rX F Interview Questions

(Random Sampling of VJhite Legislators)

1. What has been your relationship with the black legis- labors in the House of Representatives?

2. Do you consider the black legislators influential as a group? Is race a barrier?

3. Do the black legislators constitute a voting bloc?

Have you (in the last three General Assemblies) been a member of a coalition involving black legislators? If so, what was the nature of the coalition?

5. Have you ever been the co-sponsor of bills tvith black legislators? If so, vihich ones? Were they successful? Does a great deal of harmony exist between the ______party and the black legislators?

7. By what means can an individual legislator exercise influence in the House of Representatives?

8 . How does an informal group go about exercising influence in the House? Wliat informal groups can you identify? BIBLIOGRAPHY BIBLIOGRAPHY

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The Cincinnati Herald. 1971.

The Cincinnati Post and Times Star. 1968-1971. The Cleveland Dai3,y News . 1968-1971.

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Interviews

Representative David O. Albritton, R-Montgomery. April 30, 1971; May 8 , 1971

Representative James L. Baumann, D-Franklin. May IS, 1971.

Representative John A. Galbraith, R-Lucas. May 20, 1971.

Representative Phale D. Kale, D-Franklin. April 10, 1971.

Representative Tony Hall, D-Montgoniery, May 20, 1971.

Representative Troy Lee James, D-Cuyahoga. April 14, 1971; April 15, 1971.

Representative Casey Jones, D-Lucas. April 1, 1971; April 22, 1971.

Representative Charles F. Kurfess, R-Henry, Wood. June 3, 1971.

Representative A. G. Lancione, D-Belmont, Monroe. May 20, 1971.

Representative Robert E. Levitt, R-Staik, Summit, June 3, 1971.

Representative William Mallory, D-Hainilton. April 21, 1971; April 27, 1971.

Representative George E. Mastics, R-Cuyahoga. May 18, 1971.

Representative C. J. McLin, D-Montgomery. March 31, 1971; April 28, 1971.

Representative Keith McNamara, R-Franlclin. May 25, 1971.

Representative Norman A. Murdock, R-Hamilton. June 3, 1971.

Representative Tom Pottenger, R-Hamilton. May 18, 1971.

Representative Barney Quilter, D-Lucas. May 19, 1971.

Representative James W. Rankin, D-Hamilton. April 29, 1971; May 11, 1971. Representative Anthony J, Russo, D-Cuyahoga. May 18, 1971.

Representative D. G. Schmidt, R-Hamilton, May 25, 1971.

Representative Myrl H .Shoemaker, D-Pickaway, Ross, May 20, 1971.

Representative Larry Smith, D-Cuyahoga. May ô, 1971.

Representative Ethel G. Swanbeck, R-Huron, Erie. May 20, 1971.

Representative Ike Thompson, D-Cuyahoga, May 5, 1971; May 6, 1971.

Representative John D. Thompson, D-Cuyahoga. April 14, 1971; May 4, 1971.

Representative Frederick N, Young, R-Montgoraery. May 20, 1971.